Ex Parte Sheiman et al - Page 7

                  Appeal 2007-0333                                                                                             
                  Application 09/966,802                                                                                       
                          First, Sakata’s coefficient migration is capable of switching at least                               
                  one filter on and off.  Our discussion of Sakata’s ability to disengage and                                  
                  engage respective filters via changing cutoff frequency applies equally here                                 
                  and we incorporate that discussion by reference.2                                                            
                          Second, Sakata’s engaging and disengaging filters is, in our view,                                   
                  capable of being inaudible.  As Sakata indicates, noise results from instantly                               
                  changing filter coefficients from one cutoff frequency to another (Sakata,                                   
                  col. 1, ll. 33-40).  Sakata then describes a previously-known filter coefficient                             
                  interpolation technique designed to avoid noise, but which produced                                          
                  excessive deviations from the desired filter coefficient values.  These                                      
                  deviations ultimately produced unnaturally-sounding transient tones (Sakata,                                 
                  col. 1, ll. 41-58).  Sakata’s digital filter, however, smoothly changes the                                  
                  cutoff frequency while substantially maintaining filter characteristics in a                                 
                  region near the cutoff frequency -- even in response to large changes in                                     
                  cutoff frequency (Sakata, col. 2, ll. 27-33).  To this end, Sakata gradually                                 
                  changes the goal value of cutoff frequency and interpolates corresponding                                    
                  filter coefficients at each goal value (Sakata, col. 2, l. 65 – col. 3, l. 5; col. 4,                        
                  l. 51 – col. 5, l. 8).                                                                                       
                          The clear import of this discussion is that Sakata’s filter is designed to                           
                  prevent such problems in prior art filters, namely to avoid noise and transient                              
                  tones when filter coefficients are changed.  Given this designed capability of                               
                  Sakata’s filter, we conclude Sakata’s filter is capable of switching inaudibly                               
                  as claimed given the scope and breadth of the limitation.  Significantly, the                                
                  term “inaudibly” is extremely broad and somewhat subjective.  Given the                                      

                                                                                                                              
                  2 See P. 4-6, supra, of this opinion.                                                                        

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