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 - 5 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007