Ex Parte LITZENBERGER et al - Page 7




                   Appeal No. 2002-1241                                                                                                                            
                   Application No. 08/883,141                                                                                                                      


                   56 selects either the unprocessed SEND-IN signal, or the processed signal from an echo canceler                                                 
                   module, for placement into each outbound time slot on the basis of whether each corresponding                                                   
                   channel is to be processed by an echo canceler module.                                                                                          
                            When lines 37-57 of column 5 are read together with lines 26-32, it becomes clear to us                                                
                   that the former explains exactly how the path multiplexer 56, described in the latter, is routing                                               
                   the signals and that explanation is that each received B-channel value is routed to an echo                                                     
                   canceler module so that there is a processed and an unprocessed version of the same signal and                                                  
                   one or the other is further routed to the output based on whether echo cancellation has been                                                    
                   enabled or disabled.  That is, we find no basis for concluding that Reese discloses the passing of                                              
                   an unprocessed signal (i.e., one that has not been subjected to an echo canceler module) without                                                
                   also having a stored version of that signal that has been subjected to echo cancellation.                                                       
                            Accordingly, in contrast to Reese, the instant invention does not select from one of two                                               
                   signals (i.e., processed and unprocessed) but, rather, performs signal processing only on certain                                               
                   signals that require echo cancellation.                                                                                                         
                            The question, of course, is whether the instant claims make this distinction between the                                               
                   instant invention and Reese.  We think they do.                                                                                                 
                            Independent claims 1 and 4 each recite, inter alia, the routing of selected transmissions                                              
                   through the pool switch matrix with or without echo cancellation or through echo cancellers “on                                                 
                   an as needed basis.”  Since Reese has been determined to perform echo cancellation on all                                                       
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