Appeal No. 2001-1346 Page 6
Application No. 08/771,469
Giving the independent claims their broadest, reasonable construction, the limitations
require generating a spectral graph including an amplitude of each one of a plurality of
frequency subbands of a subband encoded audio signal as a function of time.
Having determined what subject matter is being claimed, the next inquiry is
whether the subject matter would have been obvious. "In rejecting claims under 35
U.S.C. Section 103, the examiner bears the initial burden of presenting a prima facie
case of obviousness." In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956
(Fed. Cir. 1993)(citing In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992)). "'A prima facie case of obviousness is established when the
teachings from the prior art itself would appear to have suggested the claimed subject
matter to a person of ordinary skill in the art.'" In re Bell, 991 F.2d 781, 783, 26
USPQ2d 1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d 1048, 1051, 189
USPQ 143, 147 (CCPA 1976)).
Here, although Cool Edit "will display waveforms by the by their [sic] frequency
components," such that "[t]he more abundant a frequency is, the brighter the color
displayed will be," the examiner fails to allege, let alone show, that the frequency
components are generated as a function of time. We will not "resort to speculation," In
re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967), as to such a
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