Ex parte CLINGERMAN et al. - Page 5




              Appeal No. 1998-0220                                                                                       
              Application No. 08/297,437                                                                                 

                     We find the teachings of Thompson to be representative of the well-known                            
              advantages and tradeoffs with respect to the use of multiplexers in digital processing.   We               
              further find that the artisan would have been motivated to replace the redundant circuitry as              
              shown in appellants’ prior art Figure 2 for the purpose of decreasing hardware                             
              requirements, with full awareness of the tradeoffs associated with reduction in speed of                   
              processing.  The examiner, on page 6 of the Answer, explains how the artisan would have                    
              found the particular refinements of the independent claims to be rendered obvious by the                   
              knowledge of the prior art.                                                                                
                     Appellants’ arguments on pages 22 through 24 of the Brief, concerning Thompson’s                    
              lack of disclosing a “real-time” filter system, are not well taken.  The arguments fail to take            
              into account the admitted prior art as represented by instant Figure 2.  As admitted at the                
              bottom of page 23 of the Brief, prior art Figure 2 is directed to a parallel channel, “real-               
              time” filter system.  Thompson teaches that in his invention speed of processing is a                      
              concern, and indeed is improved over the prior art.  See, for example, column 1, lines 28                  
              through 32, wherein prior art software implementations were considered to lack speed and                   
              efficiency.  Appellants’ characterization of Thompson as disclosing a “sequential” filter is of            
              little import.  Instant prior art Figure 2 also discloses filters which are effectively                    
              “sequential,” since the outputs of filter 1 and filter 2 are selected one at a time by means of            
              multiplexer 72.  Appellants’ invention, as shown in instant Figure 3, is in a similar sense                
              “sequential,” as the ultimate output is selected from one filter and then another.  Moreover,              

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