Appeal No. 2002-1197
Application 09/131,167
range" from being the full range of possible signal values.
Thus, updating the filter coefficients "only when a prevailing
value of the output signal of said microphone is within a
predetermined range of possible output signal values" (claim 1)
does not preclude always updating the filter coefficients where
the "predetermined range" is the entire range. The claims do not
define a "predetermined range" as being less than the total
possible range; compare claim 2, which recites only updating when
a value of the output signal is "below a predetermined threshold
value" and claim 38, which recites only updating when a value of
the output signal is "less than a saturation constant." Although
the word "only" implies that there are some values of output
signal for which the filter coefficients are not updated, we
decline to read this as a limitation on what is covered by a
"predetermined range." See In re Zletz, 893 F.2d 319, 321,
13 USPQ2d 1320, 1322 (Fed. Cir. 1989)("[D]uring patent
prosecution when claims can be amended, ambiguities should be
recognized, scope and breadth of language explored, and
clarification imposed."). Accordingly, the claims, as presented,
do not define over the admitted prior art where coefficients of
an adaptive filter are always updated and where saturation may
occur. We next consider the examiner's rejection.
For the limitation of updating the filter coefficients only
when a prevailing value of the output signal is within a
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