Appeal No. 1997-2941
Application 08/165,318
apparently bases this finding on the fact that Appellants
cited Fujiwara as relevant to the SDDS and ATRAC system and
the assumption that Fujiwara must, therefore, have a parameter
(EA8-9).
Appellants note that they did not acknowledge that the
system and method of encoding audio reproduction data with the
disclosed "parameter" is taught by Fujiwara (RBr3-4).
Appellants argue that the Examiner fails to indicate exactly
where the parameter or parameters are disclosed in Fujiwara,
despite Appellants' previous assertions that Fujiwara does not
disclose a parameter and a doubly written parameter (RBr8).
We agree with Appellants that their submission of
Fujiwara does not in any way constitute a representation that
Fujiwara discloses a "parameter" and a "doubly written
parameter." We have reviewed Fujiwara and find that it does
not disclose or suggest the parameter and doubly written
parameter. Thus, the Examiner errs in relying on Fujiwara for
these limitations.
The specification admits that in the SDDS (Sony Dynamic
Digital Sound) system, each channel comprises an encoding
parameter, an encoded and compressed audio data recording
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