Appeal No. 1999-1935
Application No. 08/754,270
any of the applied references or combination thereof suggests the selection of spectrum
characteristics of a pre-set muting pattern signal in such a manner. Notwithstanding the
teaching of selecting certain harmonic frequencies in the speech encoding system of
Ahamed, the examiner has made no convincing showing as to why or how the skilled
artisan would have extended such a teaching to modify a FIR filter
means placed at the output terminal of Nishio in such a manner as to provide a pre-set
muting pattern signal such that its spectrum characteristics coincide with a plurality of stop-
band frequencies of the FIR filter means and as to include stop-band frequencies below a
cut-off frequency of ½ Fs of the FIR filter means.
Accordingly, we will not sustain the rejection of claims 1-10 under 35 U.S.C.
§ 103 over the combination of Nishio, Miyakoshi and Ahamed.
With regard to the rejection under 35 U.S.C. § 103 based on APA, Nishio and
Ahamed, we also will not sustain this rejection for reasons similar to those explained
supra. That is, none of the applied references suggests the claimed limitation directed to
selecting the spectrum characteristics of the pre-set muting pattern to coincide with the
plurality of stop-band frequencies of the FIR filter means.
While appellants and the examiner argue about what is admitted by use of Jepson-
form claims originally filed, this is not relevant to our decision. While the
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