Ex parte BOWATER et al. - Page 3




                 Appeal No. 1998-2577                                                                                                                   
                 Application No. 08/594,054                                                                                                             



                 decoding said processed digitised audio data blocks to produce                                                                         
                 an audio signal output, wherein said outputted audio signal                                                                            
                 has the desired variation in playback speed relative to the                                                                            
                 stored audio signal.                                                                                                                   
                                                                                                                                                       
                 The Examiner relies on the following references:                                                                                       
                 Asada et al. (Asada)                                  4,435,832                           Mar.  6, 1984                                
                 Hejna, Jr. et al. (Hejna)                             5,175,769                           Dec. 29, 1992                                
                 Claims 1, 3 through 14 and 16 through 26 stand rejected                                                                                
                 under 35 U.S.C. § 103 as being unpatentable over Asada in view                                                                         
                 of Hejna.       2                                                                                                                      
                 Rather than reiterate the arguments of Appellants and the                                                                              
                 Examiner, reference is made to the brief and answer for the                                                                            
                 respective details thereof.                                                                                                            


                                                                     OPINION                                                                            
                 After a careful review of the evidence before us, we will                                                                              
                 not sustain the rejection of claims 1, 3 through 14 and 16                                                                             
                 through 26 under 35 U.S.C. § 103.                                                                                                      

                          2A 35 U.S.C. § 112, second paragraph rejection and a                                                                          
                 35 U.S.C. § 103 rejection based on Yuzo in view of Hejna have                                                                          
                 been withdrawn, advisory action, paper no. 11, mailed                                                                                  
                 Jan. 16, 1998.                                                                                                                         

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