Ex Parte ROMESBURG - Page 6




          Appeal No. 2002-1197                                                        
          Application 09/131,167                                                      

          performing the function (this appears to be the rationale in                
          Halliburton).  Also, § 112, second paragraph, indefiniteness is             
          appropriate because the purely functional limitations in the                
          "wherein" clauses are not permitted under the Halliburton                   
          rationale and, hence, are not definite claim limitations.                   


          Obviousness                                                                 
               Claims 1-4, 8-28, and 32-37                                            
               The issue with respect to the independent claims in this               
          group is whether the combination of Koski and Haneda discloses or           
          suggests that the "filter coefficients of said adaptive filter              
          are updated only when a prevailing value of the output signal of            
          said microphone is within a predetermined range of possible                 
          output signal values" (claim 1 and an almost identical limitation           
          in claim 13), or "variables of said adaptive system are updated             
          only when a prevailing value of the source signal is within a               
          predetermined range of possible source signal values" (claim 17),           
          or "updating filter coefficients of the adaptive filter . . .               
          only when a prevailing value of the communications signal is                
          within a predetermined range of possible signal values"                     
          (claim 25).  Initially, we must interpret these limitations                 
          without reading in limitations from the specification.  The                 
          limitation of "within a predetermined range of possible signal              
          values" is very broad and does not exclude the "predetermined               

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