Ex Parte QIAN et al - Page 6




          Appeal No. 2001-1312                                                        
          Application No. 08/989,701                                                  


          of synthesizing speech or music signals from a developed                    
          sinusoidal model, we fail to see how Appellants’ disclosure would           
          not be enabling, and the Examiner provides no basis for                     
          concluding otherwise.                                                       
               In view of the above, we find that the Examiner has not                
          established a reasonable basis for challenging the sufficiency of           
          the instant disclosure.  While some experimentation by artisans             
          may be necessary in order to practice the invention, we find that           
          such experimentation would not be undue.  Accordingly, we will              
          not sustain the rejection of claims 2-8 under the first paragraph           
          of 35 U.S.C. § 112, and the Examiner’s decision rejecting claims            
          2-8 is reversed.                                                            
                                     REVERSED                                         



          ERROL A. KRASS               )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JOSEPH F. RUGGIERO           )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
          )                                                                           
                    ANITA PELLMAN GROSS          )                                    
                    Administrative Patent Judge  )                                    
          JFR:hh                                                                      

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