Appeal No. 1999-0189
Application No. 08/344,691
an audio normalizer, receiving said video/data signal,
adjusting a level of said video/data signal to produce a
normalized signal which utilizes a full dynamic range of audio
circuitry;
a memory, operatively connected to receive at least a
part of said combined video/data signal as normalized by said
audio normalizer; and
a data converter, operatively coupled to an output of
said memory means, reading out audio information from said
memory.
Claims 42 through 51, 53 through 59 and 61 stand rejected
“under the judicially created doctrine of double patenting
over claims 1-12 of U.S. Patent No. 4,583,131 since the
claims, if allowed, would improperly extend the ‘right to
exclude’ already granted in the patent” (Answer, page 3).
Reference is made to the brief and the answer for the
respective positions of the appellant and the examiner.
OPINION
The rejection of claims 42 through 51, 53 through 59 and
61 is reversed.
The examiner’s statement of the rejection (Examiner's
Answer, pages 3 through 5) is reproduced in toto as follows:
Claims 42-51, 53-59, and 61 are rejected under
the judicially created doctrine of double patenting
over claims 1-12 of U.S. Patent No. 4,583,131 since
the claims, if allowed, would improperly extend the
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