Appeal No. 2000-0454
Application 08/377,027
Baggi or Tabata of establishing the number and types of
instruments for each of the parts of harmony.
We also disagree with the examiner’s finding that the
stored algorithms of Baggi teach the claimed data structures.
The claimed invention requires that separate data structures,
which include a digital data series, be stored for each of the
harmony parts of a tune. The mere presence of a data storage
device in the applied prior art does not teach or suggest that
the data used to synthesize the tunes in Baggi or Tabata consists
of data structures of the type defined in the claimed invention.
Finally, we do not agree with the examiner’s finding that
Tabata suggests the claimed amen signal. The examiner
essentially finds that the teaching of an ending theme in Tabata
suggests the claimed amen signal. The specification, however,
states that “An ‘amen’ phrase is a plagal cadence, keyed to the
subdominant and tonic of the hymn, to which the word ‘amen’ is
sung” [specification, pages 2-3]. Even if it were determined
that Tabata suggests the playing of an amen phrase, there is no
suggestion in Tabata or Baggi that the phrase should be played as
a plagal cadence at the end of the tune. The only suggestion to
play an amen signal as a plagal cadence at the end of the tune
comes from appellant’s own disclosure.
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