Appeal No. 2002-2112
Application No. 08/949,534
a CODEC and DAA, and a DSP6 of a sound card loaded with modem and
fax software in combination provide modem and fax software
functions to a computer system” (brief, page 19).
Turning next to the lack of enablement rejection, the examiner
is of the opinion (answer, pages 5 and 6) that it would take undue
experimentation to “convert or program an audio DSP which is made
and programmed for processing audio signals to adittionally [sic,
additionally] process fax and modem.” In the absence of a
convincing line of reasoning by the examiner for not accepting the
disclosed explanation (specification, page 12) of how the DSP is
further programmed to perform the additional functions of a fax and
modem via software stored in RAM 72 (Figure 2), we agree with
appellant’s arguments (brief, page 11) that the “disclosure is
presumptively accurate,” and that “[t]he Examiner has not shown a
6 According to appellant, a coder-decoder (CODEC) performs
analog to digital (A/D) and digital to analog (D/A) conversion
(specification, page 2), a data access arrangement (DAA)
“electrically isolates the modem from the phone line to control
emissions of electro-magnetic interference/radio frequency
interference (EMI/RFI) [,] . . . isolates the received [signal]
from the transmitted analog signals, and develops a digital ring
signal to inform the computer system to answer” (specification,
page 2), and a digital signal processor (DSP) performs the named
function. Several manufacturers and model numbers of DSPs for
specialized functions are disclosed by appellant (specification,
pages 11 and 14), and discussed in the Edward Newman Rule 312
declaration of record (paragraphs 9 and 10).
6
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