Ex Parte ROMESBURG - Page 12




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

               The examiner's findings that Koski acts "to freeze the                 
          adaptation of the filter coefficients when the output signal of             
          the microphone . . . reaches a threshold that causes the detector           
          to freeze said coefficients" (FR2) and that "Koski states that              
          the filter coefficients of the adaptive filter will only be aloud           
          [sic, allowed] to update, i.e., they are frozen, unless the                 
          signal from the microphone (the source) is below a value" (FR3)             
          are in error.  As noted by appellant (Br11), Koski only freezes             
          adaptation of the filter coefficients when double talk exists,              
          not when the output signal of the microphone reaches a threshold.           
          The thresholds in Koski have to do with detection of double talk            
          and are not used for comparison with the output signal.                     

               Claims 5, 7, 29, and 31                                                
               The examiner finds that Koski discloses updating filter                
          coefficients only when the output signal is at a predetermined              
          threshold value, referring to column 5, line 20, to column 6,               
          line 15 (FR6).  The examiner states that "Koski discloses that              
          the threshold values are based in part on the distortion through            
          A to D conversion (see col. 4 lines 25-62)" (FR6).                          
               Appellant argues that the combination of Koski and Haneda              
          does not disclose or suggest that the first predetermined                   
          threshold value is less than or equal to an upper full-scale                
          value of the analog-to-digital converter (ADC) and that the                 
          second predetermined threshold value is greater than or equal to            
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