Ex Parte PAULS et al - Page 4




                Appeal No. 2004-0913                                                                                                     
                Application No. 08/940,760                                                                                               

                                In the exemplary embodiment, input lead 211 [Fig. 6] is preferably                                       
                        capable of transporting a plurality of communication signals (e.g.,                                              
                        half-duplex audio, video or data signals), each of which is to be transcoded                                     
                        in accordance with a particular coding technique....                                                             
                                Either the source or destination device (e.g., the mobile switching                                      
                        center or base station controller) communicates to the illustrative                                              
                        embodiment which communication signals are to be transcoded with which                                           
                        coding technique with either: (1) in-band signaling that is carried by input                                     
                        lead 211 is a component of the various communication signals, or (2) by                                          
                        out-of-band signaling that can be carried to the exemplary embodiment by                                         
                        input lead 211 or by an alternative route.                                                                       
                Bresalier col. 4, l. 47 - col. 5, l. 6.                                                                                  
                        We agree with appellants that, according to Bresalier’s objective teaching, the                                  
                source or destination determines the transcoding technique (which may include error                                      
                detection and correction), but the reference does not disclose, expressly or inherently,                                 
                how the determination is made by the source or destination.  Bresalier discloses that a                                  
                plurality of communication signals are to be transcoded in accordance with selected                                      
                techniques, and that the signals may comprise, for example, audio, video, or data.  We                                   
                find no disclosure or suggestion of determining a transcoding technique and an error                                     
                control scheme based on the data type.  Moreover, the only example that Bresalier                                        
                appears to provide of different transcoding and error control techniques as related to                                   
                data type is that of applying different techniques to a single data type; i.e., audio.  See                              
                col. 1, ll. 36-51.                                                                                                       





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