Ex Parte Graumann et al - Page 5




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


              We are unpersuaded by appellants’ argument.  The claims do            
         not recite an audio signal.  They recite the creation of two               
         signal streams in an audio channel.  Thus, it does not matter              
         whether the signals are “audio” or “electrical,” though the                
         difference is unclear where a sound, or a speech, is converted to          
         an electrical signal and the electrical signal then represents             
         “audio,” i.e., may be considered an audio signal.  In any event,           
         it is clear that Vahatalo is also dealing with an audio channel,           
         since it describes echos in normal “speech” and that the acoustic          
         echo is between the earphone and microphone of a telephone set             
         (see, for example, column 1, lines 20-32).  As the examiner                
         explains, at page 3 of the answer, it is clear that the signals            
         at RIN and SIN carry audio information, i.e., speech, and are              
         therefore, “audio signals.”  The examiner further points to                
         column 5, lines 2-5, of Vahatalo, to show that signals at RIN and          
         SIN are “speech” signals and, therefore, audio.                            
              Appellants argue, in the reply brief, that the examiner’s             
         characterization of an “audio channel” in Vahatalo is                      
         unreasonable because an electrical connection that electrically            
         couples two speakers constitutes an “electrical channel” and not           
         an “audio channel,” as claimed.  Appellants urge that the                  
         definition of “audio” is sound and the definition of “channel” is          

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