Ex Parte AYLWARD - Page 3




          Appeal No. 2003-0315                                                        
          Application 09/122,988                                                      


               filtering the monophonic surround signal to provide a                  
          filtered monophonic signal having properties related to the                 
          diffraction pattern around the head of a listener, and                      
               multiplying the filtered monophonic surround signal with a             
          time varying coefficient signal related to the surround signals.            
                                      Reference                                       
               The reference relied on by the Examiner is as follows:                 
               Iida et al. (Iida)       5,579,396           Nov. 26, 1996             
                                 Rejection at Issue                                   
               Claim 9 stands rejected under 35 U.S.C. § 102 as being                 
          anticipated by Iida.                                                        
               Throughout the opinion, we will refer to the briefs1 and               
          answer for the respective details thereof.                                  
                                       OPINION                                        
               With full consideration being given to the subject matter on           
          appeal, the Examiner’s rejection and the arguments of Appellant             
          and the Examiner for the reasons stated infra, we reverse the               
          Examiner’s rejection of claim 9 under 35 U.S.C. § 102.                      





               1 Appellant filed an appeal brief on May 22, 2002.  Appellant          
          filed a reply brief on August 28, 2002.  The Examiner mailed an             
          office communication on September 19, 2002, stating that the                
          reply brief has been entered.                                               
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