Ex Parte CASE - Page 5




             Appeal No. 2001-1346                                                              Page 5               
             Application No. 08/771,469                                                                             


             (Id.)  The appellant argues, "the spectral graph of the Cool Edit reference does not                   
             include an amplitude of each of the plurality of frequency subbands of a subband                       
             encoded audio signal as a function of time. . . ."  (Appeal Br. at 9.)                                 


                    "Analysis begins with a key legal question -- what is the invention claimed?"                   
             Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.                     
             Cir. 1987).  In answering the question, "the Board must give claims their broadest                     
             reasonable construction. . . ."  In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664,                     
             1668 (Fed. Cir. 2000).                                                                                 


                    Here, independent claim 1 specifies in pertinent part the following limitations:                
             "control logic operative to generate a spectral graph of the subband encoded audio                     
             signal, the spectral graph including an amplitude of each of the plurality of frequency                
             subbands of the subband encoded audio signal as a function of time. . . ."  Similarly,                 
             independent claim 17 specifies in pertinent part the following limitations: "computer                  
             readable instructions recorded on the storage medium, the instructions operative to                    
             generate a spectral graph of the subband encoded audio signal received by the                          
             receiver, the spectral graph including an amplitude of each one of the plurality of                    
             frequency subbands of the subband encoded audio signal as a function of time. . . ."                   









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