Ex Parte Graumann et al - Page 6




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


         a means of passage.  Using appellants’ own definitions, an “audio          
         channel” would be merely a means for passing sound.  Vahatalo is           
         concerned with echo cancellation in a telephone network.  It is            
         clear that the purpose of a telephone network is to pass sound             
         from one telephone receiver to another telephone receiver, e.g.,           
         see Figure 1 of Vahatalo.  In passing sound from one receiver to           
         another, it is clear that Vahatalo teaches an “audio channel,” as          
         broadly claimed.  Accordingly, we are not persuaded by                     
         appellants’ argument in this regard since it appears to be                 
         reasonable to interpret the processing occurring in Vahatalo as            
         occurring in an “audio channel.”                                           
              Appellants further argue that Vahaltalo does not disclose             
         the claimed “delaying at least one of the signal sample streams            
         based, at least in part, on the time measured between the                  
         detections.”  It is the examiner’s position that this is taught            
         by Vahatalo in that calculator 44 is responsible for measuring             
         the time between detections of the two signal streams.                     
              We agree with appellants.  It is clear to us, from column 3,          
         lines 53-56, of Vahatalo, that the calculator 44 of Vahatalo               
         calculates the “correlation” between the stored samples of the             
         outgoing and incoming signals.  We find no indication, anywhere            
         in Vahatalo, and the examiner has pointed to nothing, that                 

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