Ex parte WALKER - Page 10




          Appeal No. 1998-2557                                                        
          Application No. 08/335,550                                                  


          threshold  measure is formed from a simple sum of the square                
          of signal differences.  There is no weighting indicated in the              
          formula in Gerard, and there is certainly no weighting that                 
          weights low-frequency transform signal differences greater                  
          than high-frequency transform signal differences.  Thus, the                
          examiner has improperly interpreted the teachings of Gerard                 
          and has, therefore, failed to establish a prima facie case of               
          the obviousness of claim 40.  Accordingly, we do not sustain                
          the examiner’s rejection of claim 40.                                       





















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