Ex Parte WEBB et al - Page 8




                 Appeal No. 2002-1839                                                                                  Page 8                     
                 Application No. 09/199,751                                                                                                       


                         "When prior art contains apparently conflicting references, the Board must weigh                                         
                 each reference for its power to suggest solutions to an artisan of ordinary skill.  The                                          
                 Board must consider all disclosures of the prior art. . . ."  In re Young, 927 F.2d 588,                                         
                 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) (citing In re Lamberti, 545 F.2d 747, 750,                                            
                 192 USPQ 278, 280 (CCPA 1976)).  See, e.g., In re Merck, 800 F.2d 1091, 1097, 231                                                
                 USPQ 375, 380 (Fed. Cir. 1986) ("Petersen must be read, not in isolation, but for what                                           
                 it fairly teaches in combination with the prior art as a whole.").                                                               


                         Here, we agree with the examiner that "Kohut discloses a circuit or processor for                                        
                 improving the polar response of horn loaded loudspeaker system including a signal                                                
                 processor . . . for processing input signals to different loudspeakers to control the polar                                      
                 response of the loudspeaker system."  (Examiner's Answer at 4.)  In its own words, the                                           
                 secondary reference "relates to multi-way loudspeaker systems utilizing active or                                                
                 passive electronics for optimization, and more particularly to improving the polar                                               
                 response of a multi-way speaker system which uses a horn-loaded high frequency                                                   
                 driver."  Col. 1, ll. 8-12.  Such an improvement, moreover, points toward combining                                              
                 Kohut with a multi-way speaker system.                                                                                           


                         Our assessment does not stop, however, with Kohut.  We "must consider the                                                
                 passages and references which point away from the invention as well as those said to                                             








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