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 ) ) - 14 -Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007