Appeal No. 1996-1891
Application 08/058,478
been unable to make a loudspeaker system which satisfies the
claim language without undue experimentation. In re Vaeck,
947 F.2d 488, 495, 20 USPQ2d 1438, 1444 (Fed. Cir. 1991).
Instead, the examiner's concern appears to be that the claim
language fails to describe what appellant actually regards as
his invention, a matter which should have been raised in a
rejection based on the second rather that the first paragraph
of § 112. In any event, we agree with appellant that the
claim language "effective length corresponding substantially
to a quarter wavelength at the lowest frequency . . ."
accurately describes the disclosed example. That is, bearing
in mind that the bass range is described as being typically
from 70 to 300 Hz, a quarter wavelength at 80 Hz corresponds
substantially to a quarter wavelength at 70 Hz.
For the foregoing reasons, we are reversing the § 112
rejection as to all of the appealed claims.
E. The merits of the § 103 rejection of
claims 1-6 over Bose in view of Taddeo
The level of skill in the art is represented by the Bose
and Taddeo references. In re Oelrich, 579 F.2d 86, 91, 198
USPQ 210, 214 (CCPA 1978) ("the PTO usually must evaluate both
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