Ex Parte Sculley - Page 4




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

                 On the other hand, we sustain the rejection of                       
            representative independent claim 14 on appeal because our                 
            consideration shows that the admitted prior art alone is                  
            sufficient to have rendered the subject matter of this                    
            representative claim on appeal obvious within 35 U.S.C.                   
            § 103.                                                                    
                 We make reference to the prior art discussion at                     
            specification page 1, line 7 through page 5, line 7.  Of the              
            prior art discussion of the material at these pages, we make              
            initial reference to the discussion that analog radio                     
            receiver technology provided a prior art squelch operation                
            equivalent in the art to the claimed muting/unmuting                      
            functions.  According to the discussion at the bottom of                  
            specification page 2, this squelching or muting operation                 
            would turn off or mute the analog output signal if it was                 
            below a given threshold level, the effect of which reduced                
            unnecessary noise.  On the other hand, when an analog output              
            signal was above the given threshold, the output was again                
            turned on or unmuted.  Functionally, this is equivalent to                
            the claimed muting and unmuting functions of the claims on                







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