Appeal No. 1999-1793
Application 08/161,798
Difference (2) - mathematical model using counted
number of available frequency-units
The Examiner finds that Veldhuis teaches a "mathematical model"
and points to Veldhuis at column 2, lines 54-64, showing B(p),
G(p;m), and C(p;m) (EA6). The Examiner states that a mathematical
model or algorithm is a series of mathematical steps as shown in
Veldhuis at figures 8 and 9 (EA7).
Appellants respond that a "mathematical model" is not the same
thing as a "mathematical algorithm" (RBr8-10) and that Nishiguchi
does not teach or suggest a mathematical model using the counted
number of available frequency-units (RBr10).
We agree with Appellants that a "mathematical model" is not
necessarily a "mathematical algorithm." However, it is not necessary
to explore the nuances in any detail since the Examiner has not shown
a mathematical algorithm "using said counted number of available
frequency-units," as claimed. The initial bit allocations in
Veldhuis are all predetermined. Thus, the mathematical model using
the counted number of frequency-units is a difference which is not
accounted for in the rejection.
Difference (3) - second step of bit allocation
based on psychoacoustic criteria
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