Ex Parte Sheiman et al - Page 8

                  Appeal 2007-0333                                                                                             
                  Application 09/966,802                                                                                       
                  scope and breadth of the term, we conclude that Sakata’s filter is capable of                                
                  inaudibly switching a filter as claimed – at least to some persons.                                          
                          For at least the above reasons, we will sustain the Examiner’s                                       
                  rejection of claim 22.                                                                                       
                                                        DECISION                                                               
                          In summary, we have sustained the Examiner’s rejection with respect                                  
                  to all claims on appeal.  Therefore, the Examiner’s rejection of claims 1, 7,                                
                  13, and 19-22 is affirmed.                                                                                   
                          No time period for taking any subsequent action in connection with                                   
                  this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2004).                                        


                                                        AFFIRMED                                                               







                  rwk                                                                                                          


                  GROSSMAN, TUCKER, PERREAULT & PFLEGER, PLLC                                                                  
                  C/O PORTFOLIO IP                                                                                             
                  PO BOX 52050                                                                                                 
                  MINNEAPOLIS, MN 55402                                                                                        





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