Ex Parte SMITH - Page 6



          Appeal No. 1998-2612                                                        
          Application 08/478,289                                                      

          distortion sound effects circuit with its input coupled to the              
          clean output, and the output distortion circuit is proportionally           
          mixed with the clean output.  The examiner finds that it would              
          have been obvious to the artisan to incorporate the effect-mix              
          variable device of Moog into the admitted prior art system                  
          [answer, pages 3-4].                                                        
          Appellant argues that there is no teaching or suggestion                    
          to include the mixing circuitry of Moog into the admitted prior             
          art because the admitted prior art already includes the mixing              
          circuitry for blending affected signal with unaffected signal to            
          allow a user to precisely select to what degree the outboard                
          accessory device affects the signal.  Appellant asserts that the            
          addition of mixing circuitry to the admitted prior art would be             
          superfluous and redundant [brief, pages 5-7].                               
          The examiner responds that the proposed modification of                     
          the admitted prior art is to only incorporate the mixing                    
          circuitry as taught by Moog, not the whole outboard accessory               
          device as disclosed in Moog so that there would be no redundant             
          mixing circuitry after the modification [answer, page 6].                   
          Appellant reiterates that the addition of mixing circuitry to the           
          admitted prior art is still redundant and superfluous [reply                
          brief].                                                                     
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