Appeal No. 2000-1425
Application No. 07/921,508
When the user turns on the device, and the switch control means
responds to turn-on, the user clearly changes the operating
characteristics of the filter. Further, when the switch control
means responds to a user's gain change, again the user changes
the filter's operating characteristics. Therefore, as asserted
by appellants (Brief, page 8), the user's initiation of
adaptation of the filter in Graupe changes the operating
characteristics of the filter other than simply the adaptation.
Furthermore, during identification configuration the
switches prevent an amplified output signal from reaching the
receiver; only an unamplified signal produced by the noise
generator reaches the speaker. Accordingly, during adaptation,
the filter does not continue to provide the filtered signal, as
required by all of the claims. Recognizing this deficiency, the
examiner turns to Goodings. The examiner states (Answer, page 3)
that "Goodings teaches on-line training system in which training
is on-line and unobtrusive by virtue of maintaining a significant
signal to noise ratio." The examiner further asserts (Answer,
pages 3-4) that both Goodings and Graupe recognize "that there
are many times when conditions are stable and adaption can be
stopped." The examiner concludes (Answer, page 4) that it would
have been obvious "to utilize Goodings teachings of on-line
adaption to the system of Graupe et al., but only at times when
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