Appeal No. 2000-0546
Application 08/509,228
Baker is distinguishable from the three dimensional speaker
position data generated by Appellants’ invention. Appeal Brief,
page 5, lines 20-24.
As pointed out by our reviewing court, we must first
determine the scope of the claim. “[T]he name of the game is the
claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523,
1529 (Fed. Cir. 1998).
We note that Appellants’ claim 1 recites “the beamformer
operable . . . to generate from the audio signal speaker position
data representing a position of the speaker as coordinates for a
point in space” and Appellants’ claim 20 recites “processing the
audio signal to generate speaker position data representing the
position of the speaker as coordinates for a point in space.”
Appeal Brief, page 11, lines 8-11 and page 16, lines 6-8.
Appellants’ claim language, “speaker position data representing a
position of the speaker as coordinates for a point in space” or
“speaker position data representing the position of the speaker
as coordinates for a point in space,” reasonably allows for the
reading of claims 1 and 20 to require the generation of speaker
position data from an audio signal representing the position of
the speaker as coordinates of a point in space.
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