Ex Parte SCHWARTZ - Page 4



         Appeal No. 2006-0681                                                       
         Application No. 09/072,412                                                 

                        acoustical generator as picked up by the first              
                        microphone at the selected location and the                 
                        reference sounds as generated by the acoustical             
                        generator;                                                  
                   (7) assembling a first filter element, said first                
                        filter element including components selected to             
                        compensate for said first difference in level over          
                        said first discrete frequency range;                        
                   (8) assembling a second filter element, said second              
                        filter element including components selected to             
                        compensate for said second difference in level              
                        over said second discrete frequency range;                  
                   (9) constructing an equalizer for the first microphone           
                        by arranging said first and second filter elements          
                        so as to compensate for the first and second                
                        differences between the sounds as picked up by the          
                        microphone at the selected location and the                 
                        reference sounds as generated by the acoustical             
                        generator.                                                  

                                     References                                     
         The references relied on by the Examiner are as follows:                   
              Murayama et al.          6,141,425      Oct. 31, 2000                 
              (Murayama)                        (filed Sep. 19, 1997)               
              Bartlett; “Tonal Effects of Close Microphone Placement”; J.           
              Audio Eng. Soc.; Vol. 29, No. 10; October 1981; pp. 726-738.          
                                Rejections At Issue                                 
              Claims 1-5, 13-15, 28-32, and 36-41 stand rejected under 35           
         U.S.C. § 103 as being obvious over the combination of Bartlett             
         and Murayama.                                                              
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