Appeal No. 96-4012
Application No. 08/197,908
selective coding of an audio signal based on the signal
characteristic. While we found Appellant’s arguments
concerning Galand to be unpersuasive with respect to
independent claim 9 as discussed above, we reach the opposite
conclusion with respect to independent claims 1 and 14. The
relevant portion of claims 1 and 14 recites:
selectively coding said audio
information signal according to
a coding algorithm associated
with the characteristic.
After careful review of Appellant’s arguments and the Galand
reference, we are in agreement with Appellant that the
Examiner has failed to establish a prima facie case of
obviousness. In our view, the dynamic distribution of codes
over plural subbands as described in Galand falls well short
of disclosing the selective coding of an audio signal
according to a signal characteristic sensitive coding
algorithm as claimed.
We note that in the responsive arguments portion at page
5 of the Answer, the Examiner has responded to Appellant’s
arguments regarding the coding features in Galand by asserting
the well known aspects of utilizing different coding
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