Ex Parte MAENG et al - Page 11




          Appeal No. 2000-0546                                                        
          Application 08/509,228                                                      

          Baker generate speaker position data as three dimensional data              
          does not establish an element of a claim.  Third, this argument             
          is directed to modifying Baker to obtain speaker position data.             
          This is a determination under obviousness and not a determination           
          under anticipation as that which is before us.                              
          Thus, we fail to find that Baker discloses “a beamformer . .                
          . operable . . . to generate from the audio signal speaker                  
          position data representing a position of the speaker as                     
          coordinates for a point in space” as recited in claim 1 or the              
          step of processing an audio signal “to generate speaker position            
          data representing the position of the speaker as coordinates for            
          a point in space” as recited in claim 20.  Appellants have shown            
          that speaker position data must be three dimensional and                    
          represents the position of the speaker as a point in space.                 
               Since claim 12 does not recite the generation of data to               
          represent the position of the speaker as coordinates for a point            
          in space, we will treat the claim separately.  As discussed above           
          Baker does not disclose generating speaker position data having             
          coordinates in three dimensions.  Additionally, Baker provides no           
          disclosure of a camera controller operable to receive speaker               
          position data representing the position of the speaker as                   
          coordinates for a point in space or operable to provide camera              


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