Ex Parte SCHWARTZ - Page 3



         Appeal No. 2006-0681                                                       
         Application No. 09/072,412                                                 

         needed to compensate for the differences between the instrument’s          
         sound at a normal listening spot and the microphone attachment             
         spot.  Each filter control can be limited to the smallest useful           
         range that allows enough flexibility for variations between                
         individual instruments.                                                    
         Appellant’s specification page 7, lines 7-24, and page 8, lines            
         1-15.                                                                      

              Claim 1 is representative of the claimed invention and is             
         reproduced as follows:                                                     
             1. A method for providing a system for high fidelity                   
                reproduction of the acoustic signal from a selected type            
                of acoustical generator, the method comprising:                     
                   (1) determining a selected location proximate to an              
                        acoustical generator;                                       
                   (2) placing a first microphone at said selected                  
                        location;                                                   
                   (3) separately generating sounds from the acoustical             
                        generator to produce sounds as picked up by the             
                        first microphone;                                           
                   (4) playing reference sounds of the acoustical                   
                        generator;                                                  
                   (5) comparing the sounds of the acoustical generator             
                        as picked up by the first microphone with the               
                        reference sounds as generated by the acoustical             
                        generator;                                                  
                   (6) determining first and second differences in level            
                        over first and second respective discrete                   
                        frequency ranges between the sounds of the                  
                                         3                                          



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