Ex Parte Sheiman et al - Page 2

               Appeal 2007-0333                                                                           
               Application 09/966,802                                                                     
                                           INTRODUCTION                                                   
                     The claims are directed to varying a filter that processes an audio                  
               signal without introducing audible artifacts.  Specifically, the filter is                 
               engaged or disengaged gradually by changing the filter’s coefficients.  Claim              
               1 is illustrative:                                                                         
                     1.  A method of time varying filtering, comprising:                                  
                            a.  filtering a segment of a signal using a filter; and                       
                            b.  disengaging the filter in a sequence of graduated steps at the            
                     end of the segment; and                                                              
                            c.  repeating steps a and b until all segments have been filtered.            

                     The Examiner relies on the following prior art reference to show                     
               unpatentability:                                                                           
               Sakata                    US 5,140,541             Aug. 18, 1992                           


                     The rejection as presented by the Examiner is as follows:                            
                     Claims 1, 7, 13, and 19-22 are rejected under 35 U.S.C. § 102(b) as                  
               being anticipated by Sakata.                                                               
                     Rather than repeat the arguments of Appellants or the Examiner, we                   
               make reference to the Briefs and the Answer for their respective details.                  
               Only those arguments actually made by Appellants have been considered in                   
               this decision.  Arguments which Appellants could have made but chose not                   
               to make in the Briefs have not been considered and are deemed to be                        
               waived.  See 37 C.F.R. § 41.37(c)(1)(vii) (2004).                                          



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