Appeal No. 1999-1935
Application No. 08/754,270
preamble of a Jepson-form claim will normally be implied to be directed to prior art subject
matter, unless rebutted by an applicant, which appellants have not done in the instant case,
the distinguishing limitations of the instant claims are not part of the original claim
preambles. Our decision is based on the lack of suggestion by the applied references of
the claimed spectrum characteristics of the pre-set muting pattern coinciding with the
plurality of stop-band frequencies of the FIR filter means.
The examiner’s decision is reversed.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ERROL A. KRASS ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
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HOWARD B. BLANKENSHIP )
Administrative Patent Judge )
eak/vsh
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