Appeal No. 1999-1793
Application 08/161,798
available frequency-units." Therefore, we find Veldhuis does not
disclose "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" (emphasis added)
Claim 5 lastly recites "a second bit allocation step for
determining further bit allocation for each of said available
frequency-units based on psychoacoustic criteria." As disclosed, the
second step of allocating bits "based on psychoacoustic criteria"
uses psychoacoustic criteria only in the sense that a psychoacoustic
weighting factor F is used in reducing the variance of the unit
(specification, p. 9, step [4]); thus, the allocation of bits "based
on psychoacoustic criteria" can be interpreted broadly as very
indirectly based on some psychoacoustic criterion. In Veldhuis, the
blocks (p;m) having the greatest need of quantizing bits G'(p;m) are
allocated further bits by jumping to the next level i in figure 10
(step 9-11 in fig. 9; col. 15, lines 58-63). The need of bits
G'(p;m) is assigned a value of G'(p;m)/D, with D>1, so as to evenly
distribute the numbers of quantization bits saved over the
blocks (p;m) having a value of C(p;m)="1" (col. 15, line 63 to
col. 16, line 1). The value D is not disclosed to be "based on
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