Ex parte BAYYA et al. - Page 5




          Appeal No. 1999-0437                                                        
          Application 08/627,249                                                      


          discussion of the prior art.  Appellants respond that error                 
          activity and error entropy are two different statistical                    
          characteristics of a single distortion measure.  Appellants                 
          also argue that the prior art systems disclosed by Hollier do               
          not use a plurality of distortions as claimed.                              
          We agree with appellants.  Except for the background                        
          of the invention section of Hollier, Hollier is directed to a               
          speech analysis system which uses the original speech input                 
          signal in the distortion analysis [note line 9 in Figure 2].                
          Thus, the error activity and error entropy measures of                      
          distortion in Hollier are applied to a speech signal using a                
          known corrupted speech signal.  Independent claims 1, 10 and                
          19 all recite that the evaluation is based on an unknown                    
          corrupted speech signal derived from an unavailable clean                   
          speech signal.  The invention of Hollier is not related to                  
          such a speech analysis system.                                              
          The examiner attempts to avoid this problem by noting                       
          that Hollier recognized output-based systems in the discussion              
          of the background of the invention.  While this is true,                    
          Hollier’s discussion of the background of the invention merely              
          notes that it was known to apply a single conventional measure              
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