Ex Parte MULLINS et al - Page 10




            Appeal No. 2002-1743                                                                              
            Application No. 09/047,866                                                                        


            this at page 10, lines 15-28.  However, our perusal of that portion of Mitel tells a              
            different story.  While that portion of Mitel suggests an external microprocessor for             
            programming registers, for affecting overall loop attenuation, user control of the speaker        
            volume and adjustment of the positive swing of the attenuator, we find nothing therein            
            remotely suggesting any connection of this external microprocessor/microcontroller to             
            the first and second registers, which the examiner identifies as peak detect filters 18,          
            such that the microprocessor/microcontroller reads values from registers in filters 18            
            and adjusts first and second attenuators in response to those values.  In fact, looking at        
            Figure 1 of Mitel, there appears to be no connection from either of filters 18 to any             
            external microprocessor/microcontroller.                                                          
                   Since the examiner does not properly address this microcontroller limitation in            
            the response to appellants’ argument, we find that any prima facie case of obviousness            
            that the examiner may have made has certainly been overcome by appellants’                        
            argument.                                                                                         












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