Ex Parte MINER et al - Page 4




          Appeal No. 2002-0810                                                        
          Application No. 09/014,871                                                  


          characteristic shape of a sound, comparing the characteristic               
          shape with wavelet types, and selecting a wavelet type based on             
          the match with the characteristic shape.”  With respect to claims           
          1 and 17, appellants argue (brief, page 8) that these claims “are           
          expressly limited to steps for varying or manipulating the                  
          coefficients or parameters which characterize a wavelet                     
          representation in order to generate a synthesized sound,” and               
          that “Faria does not teach or suggest such modification.”                   
               We agree with appellants’ arguments.  As the title of the              
          Faria publication indicates, wavelet processing is used in music            
          analysis and synthesis.  During such processing, Faria is even              
          concerned with perceptual factors (pages 951, 952 and 959),                 
          parameters (pages 953 and 959) and a wavelet transform                      
          (page 955).  Notwithstanding such teachings in Faria, the wavelet           
          synthesis in this publication is performed on the wavelet itself,           
          and not on a selected wavelet type after a comparison operation             
          (claims 1 and 12) or on a representation of the wavelet                     
          (claims 1, 12 and 17).  Thus, the obviousness rejection of                  
          claims 1 through 3, 8 through 13, 17, 19, 20, 27 and 29 is                  
          reversed because Faria neither teaches nor would have suggested             
          to one of ordinary skill in the art the method steps outlined in            
          these claims.  The obviousness rejections of claims 6, 16, 22               

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