Ex Parte Sculley - Page 7




            Appeal No. 2003-2156                                                      
            Application No.  09/849,761                                               

            data signal were allowed to be propagated at the output in                
            direct opposite comparison to the nonattenuated or preserved              
            signal values where many bits of information were utilized                
            to characterize the output signal.  Lastly, it is stated at               
            page 5, lines 5 through 7 that an “[a]pproximate replica of               
            the original signal may be reconstructed from the compressed              
            data by combining the subband signals into a single output.”              
            This combination function is equivalent to the summing                    
            operation of representative claim 14 on appeal.                           
                 As noted at the top of page 3 of the Brief, the claims               
            on appeal have not been amended and are originally filed                  
            claims, which clearly read on appellant’s own admitted prior              
            art.  In other words, the claims were filed and prosecuted                
            by the appellant where the claims did not distinguish over                
            the prior known to the appellant.                                         
                 In view of the foregoing, the decision of the examiner               
            rejecting all claims on appeal under 35 U.S.C. § 103 is                   
            affirmed.                                                                 










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