Appeal No. 1999-0437
Application 08/627,249
disclosure of Hollier. These are the only independent claims
on appeal before us. Anticipation is established only when a
single prior art reference discloses, expressly or under the
principles of inherency, each and every element of a claimed
invention as well as disclosing structure which is capable of
performing the recited functional limitations. RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221
USPQ 385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228
(1984); W.L. Gore and Associates, Inc. v. Garlock, Inc., 721
F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984).
With respect to each of these claims, the examiner has
indicated how he reads the claimed invention on the disclosure
of Hollier [Paper No. 13, pages 2-3, incorporated into the
answer at page 4]. Appellants argue that the Hollier system
does not use a plurality of distortions as claimed and is not
based on an unknown corrupted speech signal as claimed [brief,
pages 5-8]. The examiner responds that the error activity and
error entropy determined by Hollier represent two measurements
of distortion. The examiner also argues that Hollier
discloses an output-based speech analyzing system in the
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