Appeal No. 1999-1793
Application 08/161,798
have been obvious to use the two-step process of Nishiguchi in the
adaptive bit allocation taught by Veldhuis "because the number of
available bits can change dynamically which results in bits being in
surplus or deficit and leading to less efficient bit allocation,
thus, requiring more bandwidth (Nishiguchi et al., col. 1)" (FR6).
We analyze the three differences noted above.
Difference (1) - counting available frequency-units
Appellants argue that the Examiner has not shown where the step
of counting the number of available frequency-units is found in
Veldhuis or Nishiguchi (RBr6). We do not find any discussion of the
counting step by the Examiner.
We agree that neither Veldhuis nor Nishiguchi discloses
counting the number of available frequency-units. In Veldhuis, the
blocks (p;m) in the allocation window having C(p;m)="1" are
"available frequency-units." However, Veldhuis does not disclose
"counting" the number of available blocks (p;n) having C(p;m)="1".
We do not find any disclosure of counting available frequency-units
in Nishiguchi. Thus, the counting step is a difference which is not
accounted for in the rejection.
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