Appeal No. 1997-2681
Application No. 08/211,414
The Examiner strongly contests the applicability of In re
Donaldson (supplemental answer). However, we find that the
type of filter, analog or digital, is irrelevant to the
teaching cited in Abbott by the Examiner. That is, whatever
the type of filter, Abbott teaches that the filter
characteristics can be selected based upon the frequency in
the signal being currently read.
Thus, we agree with the Examiner that claim 1 is
unpatentable under 35 U.S.C. § 103(a) over APA considered with
Fischler and Abbott. We find this so, for the two rationales
suggested by the Examiner. First, we find that it would have
been obvious to one of ordinary skill in the art to have
modified APA by replacing the single information data filter
with the plural information data filters in Fischler, and
selecting the relevant one of Fischler’s information data
filters based upon the signal received from a particular
sector, in the manner Abbott adapts filter 48 (answer-page 6).
Secondly, and as the Examiner states “alternatively”, we find
that it would have been obvious to one of ordinary skill in
the art at the time of invention, to have used the filter
selection teaching of the APA to select the appropriate
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