Appeal No. 2006-0681
Application No. 09/072,412
VI. Whether the Rejection of Claims 39-41 Under
35 U.S.C. § 103 is proper?
It is our view, after consideration of the record before us,
that the evidence relied upon and the level of skill in the
particular art would have suggested to one of ordinary skill in
the art the invention as set forth in claims 39-41. Accordingly,
we affirm.
With respect to dependent claim 39, as we discussed above,
Bartlett shows that the frequency-bandwidth of the equalization
required varies from note to note because the distance (in hertz)
between notes increases as one moves across the musical scales.
Therefore, we will sustain the Examiner’s rejection under
35 U.S.C. § 103.
Conclusion
In view of the foregoing discussion, we have sustained the
rejection under 35 U.S.C. § 103 of claims 1-5, 13-15, 28-32, and
36-41.
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