Ex parte YAMAGUCHI et al. - Page 5




          Appeal No. 1998-2675                                                        
          Application 08/779,024                                                      

                                       OPINION                                        
               The claims are grouped to stand or fall together (Br3).                
          Thus, claim 1 will be analyzed as the representative claim.                 
               The Examiner cites Eguchi as teaching an active noise                  
          reduction (ANC) device as claimed.  Appellants admit that ANC               
          devices with an auxiliary microphone closer to a speaker than               
          a noise pickup microphone exist, as shown in the admitted                   
          prior art of figure 2 and in Eguchi (Br5).  The differences,                
          as recognized by the Examiner (EA4), between Eguchi and the                 
          subject matter of claim 1 are that Eguchi (1) does not have an              
          expanded room formed by enlarging an area of a cross section                
          of part of the duct, and (2) does not locate the noise                      
          microphone, provided upstream of the auxiliary microphone, in               
          an expanded room.  The Examiner finds that Chaplin,                         
          figures 5-7, teaches a microphone in an expanded room for                   
          picking up noise, where the purpose of the expanded room is to              
          protect the microphone under extreme conditions such as heat                
          in the duct (EA4).  The Examiner concludes that it would have               
          been obvious, in view of Chaplin, to use an expanded room for               
          housing the ANC device in Eguchi in order to protect the                    
          microphone under extreme conditions (EA5).                                  

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