Appeal No. 96-4012
Application No. 08/197,908
(1988); Ashland Oil, Inc. v. Delta Resins & Refractories,
Inc.,
776 F.2d 281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985), cert.
denied, 475 U.S. 1017 (1986); ACS Hospital Systems, Inc. v.
Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933
(Fed.
Cir. 1984). These showings by the Examiner are an essential
part
of complying with the burden of presenting a prima facie case
of
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d
1443, 1444 (Fed. Cir. 1992).
In making the obviousness rejection of independent claims
1 and 14, the Examiner seeks to modify the packet network
communication system of Hluchyj which accepts and classifies
audio information by relying on Galand to provide the missing
teaching of selectively coding the audio information.
In response, Appellant has essentially reiterated
the assertion that, since Galand teaches only multi-rate
coding from a single coder, there is no disclosure of the
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