Appeal No. 1999-1793
Application 08/161,798
psychoacoustic criteria." Therefore, we find that Veldhuis does not
teach "a second bit allocation step for determining further bit
allocation for each of said available frequency-units based on
psychoacoustic criteria" (emphasis added).
Based on the above analysis, we summarize that the differences
between the subject matter of claim 5 and Veldhuis are that Veldhuis
does not teach: (1) "a step for counting a number of available
frequency-units by using the representative, based on psychoacoustic
criteria" (emphasis added); (2) "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); and
(3) "a second bit allocation step for determining further bit
allocation for each of said available frequency-units based on
psychoacoustic criteria" (emphasis added).
The Examiner has further applied Nishiguchi. The Examiner
finds that "Nishiguchi et al. teach a method for determining a bit
allocation comprising a first and second bit allocation which
incorporates psychoacoustic criteria (their initial allocation
followed by a 'correcting step' col. 2 line 64- col. 3 line 14; and
psychoacoustics col. 4)" (FR6). The Examiner concludes that it would
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