Ex parte TEH et al. - Page 14




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

                                      CONCLUSION                                       
               Because the combination of Veldhuis and Nishiguchi does not             
          disclose at least the limitations of "a step for counting a number of        
          available frequency-units by using the representative, based on              
          psychoacoustic criteria" (emphasis added) and "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), the Examiner has failed to establish a prima facie case of           
          obviousness.  The rejection of claims 4-7, 9-12, 14-17, and 19-23 is         
          reversed.                                                                    
                                       REVERSED                                        






                         KENNETH W. HAIRSTON       )                                   
                         Administrative Patent Judge )                                 
                                                        )                              
                                                        )                              
                                                        )                              
                                                        )  BOARD OF PATENT             
                         JERRY SMITH                    )     APPEALS                  
                         Administrative Patent Judge )       AND                       
                                                        )   INTERFERENCES              
                                                        )                              
                                                        )                              
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