Ex Parte EIDSON et al - Page 5




          Appeal No. 2003-0556                                                        
          Application 09/185,248                                                      


          is no patentable distinction in using LPCM over the actual PCM              
          formats actually taught among the references.                               
               From our review of the appellants' specification there                 
          appears to be no criticality as to the use of LPCM anyway.  At              
          specification page 3, in the context of Figure 2, the decoding              
          operation is expressed in the terms of converting any inputted              
          digital audio information "into a raw format such as LPCM (block            
          202)."  Thus, the LPCM format is suggested by appellants'                   
          specification to have been known in the art.  A similar approach            
          is taken with respect to the discussion at specification page 5             
          in the context of the block diagram circuit presented in Figure 3           
          of the specification as filed.  Here, the data is decoded into "a           
          raw audio data stream (e.g., an audio data stream and LPCM                  
          format)."  Note the discussion at lines 8-10.  The use of the               
          term "raw data" by the examiner in his rationale in the answer is           
          consistent with this disclosed language.  The examiner has                  
          persuasively shown to us that the applied prior art clearly                 
          indicates that it was known in the art to mix two signals of a              
          common digital format, that is, to mix digital PCM formatted                
          information representing raw audio data.                                    




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