Ex parte KILLION - Page 4




          Appeal No. 96-0548                                                          
          Application 08/161,691                                                      


          desirability of the modification, no prima facie case has been              
          stated.                                                                     
               Upon our own review of the references, we agree with                   
          Appellant that DeCola and Ibsen have little bearing on the                  
          claimed subject matter.                                                     
               Second, DeCola and Ibsen do not show that an audio signal              
          can be varied inversely to a battery voltage.  Neither                      
          reference varies an audio signal depending on a battery                     
          voltage.  Neither reference varies a signal inversely                       
          depending on a battery voltage.                                             
               We find no suggestion in DeCola or Ibsen for varying the               
          audio signal of Maas or Fletcher inversely to a battery                     
          voltage.  Therefore, the rejections relying on those                        
          references will not be sustained.                                           


          Iwanaga                                                                     
               Claims 54 and 57 stand rejected under 35 U.S.C. § 103 as               
          unpatentable over Iwanaga.  Claims 55, 56, and 58 stand                     
          rejected under 35 U.S.C. § 103 as unpatentable over Iwanaga as              
          applied to Claims 54 and 57, further in view of Dublirer.                   



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