Ex Parte Sculley - Page 2




            Appeal No. 2003-2156                                                      
            Application No.  09/849,761                                               

                      processing a frequency subband signal in each of                
                 the subbands by passing the frequency subband signal in              
                 each of the subbands to a corresponding input of a                   
                 summing node if the frequency subband signal is outside              
                 of a threshold range and passing an attenuated value                 
                 signal to the summing node if the signal is within the               
                 threshold range; and                                                 
                      generating a final output signal by summing the                 
                 processed frequency subband signals at the summing                   
                 node.                                                                
                 The following reference is relied upon by the examiner:              
            Kolesnik et al. (Kolesnik)    6,263,312      Jul. 17, 2001                
            (filing date Mar. 02, 1998)                                               
                 Claims 1 through 25 stand rejected under 35 U.S.C.                   
            § 103.  As evidence of obviousness, the examiner relies upon              
            appellant’s admitted prior art in view of Kolesnik.                       
                 Rather than repeat the positions of the appellant and                
            the Examiner, reference is made to the Brief and Reply Brief              
            for appellant’s positions, and to the Answer for the                      
            Examiner’s positions.                                                     
                                       OPINION                                        
                 We sustain the rejection of claims 1 through 25                      
            rejected under 35 U.S.C. § 103.                                           
                 At the outset, we note that the top of page 4 of the                 
            principal Brief on appeal indicates that each of the claims               
            on appeal stand or fall “together”.  None of the claims on                
            appeal are argued separately.  Moreover, no claim feature                 


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