Ex Parte CASE - Page 7




             Appeal No. 2001-1346                                                              Page 7               
             Application No. 08/771,469                                                                             


             function.  He further fails to allege, let alone show, that the other references cure the              
             deficiency of NuWave and Cool Edit.  Absent a teaching or suggestion of 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, the examiner fails to present a               
             prima facie case of obviousness.  Therefore, we reverse the rejection of claim 1; of                   
             claims 2, 3, 5, 7, and 9-16, which depends therefrom; of claim 17; and of claim 19,                    
             which depends therefrom.                                                                               


                                                  CONCLUSION                                                        
                    In summary, the rejections of claims 1-3, 5, 7, 9-17, and 19 under § 103(a) are                 
             reversed.                                                                                              























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