Ex parte TEH et al. - Page 8




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

          determination of available frequency-units is based on psychoacoustic        
          criteria.  The number of blocks (p;m) in the allocation window having        
          C(p;m)="1" is the count of available frequency-units.  However,              
          Veldhuis does not disclose "counting" the available blocks (p;n).            
          Therefore, Veldhuis does not disclose "a step for counting a number          
          of available frequency-units by using the representative, based on           
          psychoacoustic criteria" (emphasis added).                                   
               Claim 5 recites "a first bit allocation step for determining an         
          initial bit allocation for each of said available frequency-units by         
          using an approximate mathematical model using said counted number of         
          available frequency-units."  The blocks (p;m) in the allocation              
          window having C(p;m)="1" are the "available frequency-units."  All of        
          the blocks are initially allocated a minimum number of bits B(p;m) as        
          a default value for the allocation pattern (e.g., col. 13, lines 60-         
          64; col. 21, lines 35-37) and then those blocks (p;m) with C(p;m)="0"        
          are set to B(p;m)=0 to produce sum S of "saved" number of bits               
          (col. 13, line 68 to col. 14, line 12), leaving the initial                  
          allocations in blocks (p;m) with C(p;m)="1".  This is a first bit            
          allocation step for each available frequency-unit.  However, this            
          initial bit allocation is not disclosed or suggested to be made              
          "using an approximate mathematical model using said counted number of        

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