Appeal No. 2003-2065
Application 09/881,441
method. Thus, the language in the claim “for comparison at a
node with stored test voice information which is the same as the
test voice information” are terms which merely set forth the
intended use of the signal and do not further limit the
characteristic of the claimed signal. Terms merely setting forth
intended use, or a property inherent in, an otherwise old
composition do not differentiate the claimed composition from
those known in the prior art. See In re Pearson, 494 F.2d 1399,
1403, 181 USPQ 641, 644 (CCPA 1974).
We further note that Appellants’ claim 11 recites “said
signal comprising a plurality of packets at least some of which
comprise test voice information.” We note that the term “at
least some” does not preclude a signal that comprises a plurality
of packets all of which comprise test voice information.
Lewis teaches in Figure 1B a packet data network 156 having
interconnected with voice terminals 154 and 158 with voice
quality performance evaluator 152 connected to both 154 and 158.
See column 5, lines 32 through 50. Lewis teaches that the
operation of a test of Figure 1B proceeds according to the
operations described with reference to Figure 1A. See column 5,
lines 51 through 53. Lewis teaches that voice samples are
transmitted from the VQPE 152 to voice terminal 154, which codes
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007