Appeal No. 1997-2941
Application 08/165,318
'parameter' is readable on the 16-bit digital audio data
encoding of Kohut et al."
Appellants argue (RBr5) that claim 1 recites (1) a
parameter by which audio reproduction data is encoded, (2) the
encoded data, and (3) a doubly written parameter the same as
the parameter. Therefore, a "parameter" is defined as being
utilized to encode audio data. Furthermore, it is argued
(RBr5), the 16-bit digital audio data in Kohut is not the same
as the claimed parameter, encoded data, and doubly written
parameter.
The Examiner responds that a channel of soundtrack "A"
corresponds to the parameter, encoded data, and doubly written
parameter, and the doubly written parameter is recorded on a
channel of soundtrack "C" (SEA3).
We agree with Appellants. A "parameter" is defined as
being utilized to encode audio data and is different from the
audio data itself. Kohut says nothing about an encoding
parameter, much less having a redundant, doubly written
parameter, much less recording these two parameters in
different recording areas. Therefore, the finding of
anticipation is clearly erroneous. The Examiner's reasoning
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