Ex Parte Apfel - Page 2




         Appeal No. 2006-2089                                                       
         Application No. 09/778,291                                                 

              The claimed invention relates to the performance of a                 
         gain/bandwidth control process based on the monitoring of a                
         transmitted signal.  As part of the gain/bandwidth control                 
         process, a gain of a portion of the transmitted signal is                  
         controlled based upon a determination of the bandwidth                     
         requirement of a signal path associated with the portion of the            
         signal.                                                                    
              Claim 1 is illustrative of the invention and reads as                 
         follows:                                                                   
              1.  A method of improving at least one gain bandwidth path,           
         comprising:                                                                
              monitoring at least one signal being transmitted; and                 
              performing a gain/bandwidth control process based upon said           
         monitoring of said signal,                                                 
             performing said gain/bandwidth control process comprises              
         controlling a gain of a                                                    
             portion of said signal based upon determining a bandwidth             
         requirement of a signal                                                    
             path associated with said portion of said signal.                     

              The Examiner relies on the following prior art:                       
         Shenoi et al. (Shenoi) 6,507,606    Jan. 14, 2003                          
                                        (effectively filed Mar. 29, 2000)           
         Shapiro et al. (Shapiro) 6,870,888    Mar. 22, 2005                        
                                                    (filed Nov. 23, 1999)           





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