Ex parte TEH et al. - Page 3




          Appeal No. 1999-1793                                                         
          Application 08/161,798                                                       

               an approximate mathematical model using said counted number of          
               available frequency-units; and                                          
                    a second bit allocation step for determining further bit           
               allocation for each of said available frequency-units based on          
               psychoacoustic criteria.                                                

               The Examiner relies on the following prior art:                         
          Veldhuis et al. (Veldhuis)    5,105,463       April 14, 1992                 
          Nishiguchi et al. (Nishiguchi)   5,151,941   September 29, 1992              
               Claims 42-7, 9-12, 14-17, and 19-23 stand rejected under                
          35 U.S.C. § 103(a) as being unpatentable over Veldhuis and                   
          Nishiguchi.                                                                  
               We refer to the rejection (Paper No. 5), the final rejection            
          (Paper No. 8) (pages referred to as "FR__") and the examiner's answer        
          (Paper No. 15) (pages referred to as "EA__") for a statement of the          
          Examiner's position, and to the appeal brief (Paper No. 14) (pages           
          referred to as "Br__") and the reply brief (Paper No. 16) (pages             
          referred to as "RBr__") for Appellants' arguments thereagainst.              
                                       OPINION                                         
               The claims are grouped to stand or fall together with                   
          independent claim 5 (Br5).                                                   



          2  The Examiner's statement of the rejection inadvertently omits             
          claim 4.                                                                     
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