Ex parte POTTER - Page 5




          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  Next 

Last modified: November 3, 2007