Ex Parte Graumann et al - Page 3




         Appeal No. 2004-0858                                                       
         Application No. 09/747,709                                                 


         regard to claims 13, 14, 20, 21, 23 and 24, the examiner offers            
         Vahatalo and Hollier.                                                      
              Reference is made to the briefs and answer for the                    
         respective positions of appellants and the examiner.                       
                                      OPINION                                       
              With regard to independent claims 1, 12, 19 and 22, the               
         examiner points to Figure 5B, the abstract and column 4, line 63-          
         column 8, line 50, of Vahatalo, and contends that RIN and SIN are          
         two waveforms in an audio channel which are used to calculate the          
         delay from the outgoing echo location to the returned echo,                
         wherein the delay is set in an adjustable delay element 43.  The           
         examiner specifically identifies sampling means 45 and 46,                 
         calculation means 44, adjustable delay means 43 and adaptive               
         filter 40.                                                                 
              It is the examiner’s contention that while Vahatalo does not          
         disclose that the location of the echo is calculated for an audio          
         channel in a computer, the skilled artisan would have known that           
         the method of determining the echo location would have been the            
         same in either acoustic environments or hybrid line environments           
         and that that “method would require identifying the outgoing               
         signal in part of the incoming signal, regardless if the signals           
         were propagated through the air or transmission line” (Paper No.           

                                        -3–                                         





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