Ex Parte KIM - Page 3




          Appeal No. 2001-0259                                                        
          Application 08/725,762                                                      

          (Paper No. 14) (pages referred to as "RBr__") for a statement of            
          appellant's arguments thereagainst.                                         
                                       OPINION                                        
               Since claim 12 was incorporated into independent claim 11 by           
          the amendment after final rejection (Paper No. 8), the rejection            
          of claims 11 and 13 is now over § 103(a) instead of § 102(b).               
          Thus, we only consider appellant's arguments regarding Issue 4.             
               Jung discloses several embodiments of a sound collecting and           
          concentrating device.  In the first embodiment of figures 1-3, a            
          plurality of sound collecting tubes 10 are attached to the                  
          speaker frame 1 with each sound collecting tube positioned                  
          directly concentric with one of the trapezoidal cut-outs in the             
          frame.  The outlet ends 12 of the sound collecting tube have horn           
          attaching means 15, 16 (see figure 5) to permit attachment of a             
          conventional horn (col. 5, lines 21-23).  In the third embodiment           
          of figures 8-1, 8-2, and 8-3, the sound collecting tube 51 having           
          an integral horn has an inlet end 52 with four inlet segments               
          53a, 53b, 53c, and 53d, each defining a separate tube which                 
          combines with the tube 51, where each segment is attached over              
          one or more of the trapezoidal cut-outs in the loudspeaker frame            
          (col. 6, line 50 to col. 7, line 12).  The first and third                  
          embodiments show the sound collecting tubes covering all of the             
          trapezoidal cut-outs on the back area of the loudspeaker.                   
          However, Jung states that "the inlet end segment(s) concentric              

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