Appeal No. 2001-0259
Application 08/725,762
These arguments do not address the examiner's finding that
Jung teaches "the inlet end segment(s) concentric [sic] cover
some or all of the trapezoidal cut-outs" (col. 6, lines 47-48) or
the examiner's reasoning that "some" includes one half the number
of cut-outs absent some teaching to the contrary.
Appellant addresses the examiner's argument about "some" in
the reply brief. It is argued that there is no motivation to
make the necessary changes and that figure 3 of Jung does not
suggest a sound collection section coupled to one half the number
of openings in the speaker frame (RBr2-3).
We agree with the examiner that Jung's statement that "the
inlet end segment(s) concentric [sic] cover some or all of the
trapezoidal cut-outs" (col. 6, lines 47-48) expressly suggests
that plural segments in the first and third embodiments can cover
"some or all" of the cut-outs and that "some" manifestly includes
one half the number of cut-outs. The examiner has stated a prima
facie case of obviousness as to claim 11 which has not been shown
to be in error. In addition, even without the statement at
column 6, it is our opinion that one of ordinary skill in the art
would have been motivated by Jung's teaching in the fifth
embodiment of a single inlet segment designed to shroud one half
of the back area of the loudspeaker, to use one half of the four
inlet segments in the third embodiment to shroud one half of the
back area and, consequently, one half the number of cut-outs. In
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