Appeal No. 2000-0454
Application 08/377,027
Appellant argues that neither Baggi nor Tabata discusses
or suggests the orchestration of individual parts of harmony.
The appellant asserts that the portion of Baggi relied on by the
examiner for the claimed orchestration nowhere discusses first
and second orchestration attributes associated with first and
second parts of harmony. Appellant also argues that Baggi
teaches away from using stored data so that there is no teaching
of the claimed data structures. Finally, appellant argues that
neither Baggi nor Tabata teaches an amen signal that generates a
plagal cadence at the end of the tune. Appellant asserts that
the broad teaching in Tabata of an ending theme does not teach or
suggest an amen signal which generates a plagal cadence at the
end of the tune as claimed [brief, pages 6-12].
The examiner responds that the harmony composition data
of Baggi or Tabata meets the definition of “orchestration” within
the meaning of the claim. With respect to the claimed data
structures, the examiner responds that the stored algorithms of
Baggi are equivalent to these data structures. The examiner
responds that the ending theme as taught by Tabata meets the amen
signal of the claimed invention [answer, pages 4-7].
-7-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007