Ex parte FREDBERG et al. - Page 4




                 Appeal No. 2001-0250                                                                                     Page 4                        
                 Application No. 08/283,074                                                                                                             


                          The references relied on in rejecting the claims follow:                                                                      
                          Fredberg et al. (Fredberg)    5,882,314     Mar. 16, 1999                                                                     
                 (filed Dec. 17,                                                                                                                        
                 1991)                                                                                                                                  
                          Schroeder, Determination of the Geometry of the                                                                               
                          Human Vocal Tract by Acoustic Measurements, 41                                                                                
                          Journal of the Acoustical Soc'y. of America 1002-10                                                                           
                          (1967)                                                                                                                        
                          Seybert et al. (Seybert), Experimental Determination                                                                          
                          of Acoustic Properties using a Two-Microphone                                                                                 
                          Random-Excitation Technique 1362-70 (1976).1                                                                                  
                 Claims 17, 42-46, 74, 77, 78, 80, and 91 stand rejected under                                                                          
                 35 U.S.C. § 112, ¶ 2, as indefinite.  Claims 1-4, 6-12, 17,                                                                            
                 20-24, 54-57, and 59-64 stand rejected under 35 U.S.C. § 101                                                                           
                 as claiming the same invention as that of claims 1-4, 6-12,                                                                            
                 and 16-19 of Fredberg.   Claims 18 and 73 stand rejected under2                                                                                              
                 the doctrine of obviousness-type double patenting as                                                                                   


                          1No journal name was provided.                                                                                                
                          2Although the examiner provisionally rejected these                                                                           
                 claims over claims 2-5, 7-13, 18-22, and 67 of Application                                                                             
                 Serial No. 07/808,907 ('907 Application), (Examiner's Answer                                                                           
                 at 4), the issuance of the '907 Application as the Fredberg                                                                            
                 patent converted the provisional rejection into a non-                                                                                 
                 provisional rejection.  Furthermore, claims 2-5, 7-13, and 18-                                                                         
                 22 of the '907 Application were renumbered as claims 1-4, 6-                                                                           
                 12, and 16-19 of Fredberg, and no claim 67 was found in the                                                                            
                 '907 Application.                                                                                                                      
                                                                                                                                                       







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