Appeal No. 2005-0376
Application No. 10/034,120
the bandwidth requirements are reduced in comparison to transmission of all the voice
and non-voice data.
In Massaloux, comfort noise is generated on the receiving end based on the
received SID frames. Col. 4, ll. 18-23. Massaloux generates, on the receiving end,
comfort noise based on silence packets sampled from data representing non-voice data
characteristics -- that is, from SID frames that represent non-voice data characteristics.
A “frame” as denoted by Massaloux is a “packet” to the skilled artisan, to the extent
required by the claims, as we have noted in our discussion of claim 1 supra. Since
Massaloux meets the requirements of one of the alternatives set forth in the final clause
of claim 23, we need go no further than consideration of that reference alone to
conclude that the claim is unpatentable.
We are not persuaded that representative claim 23 distinguishes over the
evidence provided by the examiner. We sustain the rejection of claims 23, 24, 26, 28-
35, 37, and 39-42 under 35 U.S.C. § 103 as being unpatentable over Massaloux and
Tomoyuki.
Claims 3 and 14 under 35 U.S.C. § 103 (Massaloux, Wood, and Alanara)
Representative claim 3 recites that the adaptation algorithm further adapts to the
transaction hangover. Other than reliance on the reasons set forth with respect to claim
1, which we find unpersuasive, appellants submit the general allegation that the
-11-
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007