Ex Parte WOHLSEN et al - Page 6




          Appeal No.  2005-0743                                                             
          Application No. 09/351,723                                                        

          per se.  This is done through the use of prestored voice prints recited in        
          independent claims 23 and 30 on appeal.                                           
                As indicated at the bottom of page 15 of the principal brief on             
          appeal, appellants have not used the term voice recognition within its            
          particular recitation of speaker independent voice recognition in dependent       
          claims 25 and 32 in any manner that is inconsistent with the accepted             
          meanings in the art as evidenced by the definition attributed to the              
          questioned term from Newton’s Telecom Dictionary, 2003 Edition, page              
          640, which was attached to both the brief and reply brief.  It appears that       
          the definition of speaker independent voice recognition that appellants are       
          using is the recognition of any user’s voice without prior training or            
          knowledge of the user even though appellants’ ultimate aim in the claims          
          and in the disclosure is to identify a particular user based on voice             
          recognition.                                                                      


                We know of no reason why the appellants should be prohibited from           
          using the technology of speaker independent voice recognition as part of          
          their process.  This approach is also used by the Schalk patent mentioned         
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