Ex Parte EIDSON et al - Page 1




               The opinion in support of the decision being entered                   
                    today was not written for publication and is                      
                         not binding precedent of the Board                           

                                                       Paper No. 28                   
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    _______________                                   
                           BEFORE THE BOARD OF PATENT APPEALS                         
                                   AND INTERFERENCES                                  
                                    _______________                                   
                                Ex parte MARK E. EIDSON,                              
                                  KARL H. MAURITZ and                                 
                                  PAUL S. GRYSKIEWICZ                                 
                                     ______________                                   
                                   Appeal No. 2003-0556                               
                              Application 09/185,248                                  
                                    _______________                                   
                              ON BRIEF                                                
                                    _______________                                   
          Before THOMAS, JERRY SMITH, and LEVY, Administrative Patent Judges.         
          THOMAS, Administrative Patent Judge.                                        

                                                                                     
                                   DECISION ON APPEAL                                 
               Appellants have appealed to the Board from the examiner's              
          final rejection of claims 1-4, 10-12, 16, 19-21 and 23.                     
               Representative claim 1 is reproduced below:                            
               1.  A method to combine diversely encoded audio data                   
          streams, comprising:                                                        
               receiving a first audio data stream in a first perceptually            
          based format;                                                               

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