Ex Parte SCHWARTZ - Page 11



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

         page 733, “the equalization required varies from note to note.”            
         This necessarily means several key things:                                 
              (1) the equalization required varies from frequency to                
              frequency because inherently each note is a different                 
              frequency;                                                            
              (2) the frequency-bandwidth of the equalization required              
              varies from note to note because inherently the distance (in          
              hertz) between notes increases as one moves across the                
              musical scales.                                                       
         Bartlett also teaches at figure 4 that there are significantly             
         different responses at different frequencies (notes).  Thus,               
         equalization will require different gains at different                     
         frequencies (notes) to compensate.  As the Examiner pointed out,           
         Murayama teaches that a graphic equalizer is extensively used to           
         split the frequency spectrum into plural bands and to change the           
         gain in each band.  Again, Appellant has not shown how the                 
         Examiner erred in the rejection of claim 1.                                
              Therefore, for the reasons above, we will sustain the                 
         Examiner’s rejection under 35 U.S.C. § 103.                                





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