Ex Parte Mantovani - Page 9




                Appeal No. 2006-1777                                                                                                    
                Application No. 10/206,704                                                                                              

                invention must be identically shown in a single reference.  However, this is not an                                     
                “ipsissimis verbis” test.  In re Bond, 910 F.2d 831, 832, 15 USPQ2d 1566, 1567 (Fed.                                    
                Cir. 1990).                                                                                                             
                        Johnson summarizes the current feedback circuitry (Fig. 1C) at column 15, lines                                 
                26 through 41.  The current feedback compensates for low impedance values of the                                        
                loudspeaker that may occur due to the electromechanical and acoustic  resonances                                        
                associated with the speaker.                                                                                            
                        We are not persuaded of error in the examiner’s position that Johnson teaches                                   
                determining a change in an electrical parameter (i.e., current) that changes with                                       
                changes in an acoustic impedance of the sound transducer (i.e, loudspeaker).  The                                       
                circuitry described by Johnson may fairly be considered to determine audio signal                                       
                compensation based upon the change in the electrical parameter via the selected circuit                                 
                elements and the selected values of those elements.  The real time feedback described                                   
                by the reference is a form of dynamic compensation of an audio signal sent to the                                       
                sound transducer based upon the audio signal compensation.  Johnson falls within the                                    
                broad scope of instant claim 1.  We sustain the rejection.                                                              
                        We also sustain the rejection of depending claim 2, as a hearing aid receives an                                
                audio voice signal.  We sustain the rejection of depending claim 8 because, as noted by                                 
                the examiner and supra, Johnson teaches that the electrical parameter of the sound                                      
                transducer changes with the acoustical impedance of the sound transducer.                                               


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