Ex Parte Sheiman et al - Page 4

               Appeal 2007-0333                                                                           
               Application 09/966,802                                                                     
               Sakata does not disclose both engaging and disengaging the filter as claimed               
               (Br. 6-7; Reply Br. 5-6).                                                                  
                     The Examiner argues that Sakata’s filter functions as (1) a “first filter”           
               at a first cutoff frequency, and (2) a “second filter” at a second cutoff                  
               frequency.  With this interpretation, the Examiner argues that Sakata’s first              
               filter is disengaged (and the second filter is engaged) when the cutoff                    
               frequency changes from the first to the second cutoff frequency.  The                      
               Examiner further notes that the first filter is disengaged at the end of the               
               segment corresponding to the sequence of signal samples at the cutoff                      
               frequency transition (Answer 5).                                                           
                     We will sustain the Examiner’s rejection of claims 1, 7, 13, and 19-21.              
               We agree with the Examiner that changing a digital filter’s cutoff frequency               
               using Sakata’s technique effectively (1) “disengages” the filter at the first              
               cutoff frequency, and (2) “engages” the filter at the second cutoff frequency              
               giving the disputed terms their broadest reasonable interpretation.  A filter              
               processes a signal uniquely in a manner dictated by filter’s cutoff frequency              
               (or frequencies).  In short, Sakata’s digital filter uniquely processes a signal           
               in accordance with a specific cutoff frequency; such unique signal                         
               processing dictated by the cutoff frequency effectively establishes a unique               
               “filter” at different cutoff frequencies.  In our view, Sakata’s changing the              
               digital filter’s cutoff frequency effectively “disengages” and “engages”                   
               different filters respectively.                                                            







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