Ex Parte Wong et al - Page 8




              Appeal No. 2005-0376                                                                                            
              Application No. 10/034,120                                                                                      

              the assertion that the claims distinguish over the generation of SID frames on an                               
              encoder side.  To the extent that appellants may argue that Massaloux fails to teach                            
              adapting to the plurality of silence packets derived from the speech data “by using an                          
              adaptation algorithm that adapts with time,” as recited by claim 1, we conclude that                            
              appellants have not shown error in the examiner’s finding that Massaloux teaches the                            
              limitation at column 5, lines 40 through 65.                                                                    
                      Further, appellants’ arguments with respect to the instant claimed “packets” as                         
              opposed to Massaloux’s disclosed “frames” are not well taken.  Massaloux refers to the                          
              data as “frames.”  The examiner has provided the Wood reference as evidence in                                  
              support of the position that the artisan would have found it obvious to packetize the                           
              frames for transmission over packet sending networks.                                                           
                      A “frame” in the telecommunications arts may be defined as “[a]n elementary                             
              block of data for transmission over a network or communications system.”  McGraw-Hill                           
              Dictionary of Scientific and Technical Terms, Fifth Ed. at 800 (1994).  A “packet” may be                       
              defined in the relevant art as “[a] short section of data of fixed length that is transmitted                   
              as a unit.”  Id. at 1430.  Consistent with the references provided, and with appellants’                        
              description of prior art silence suppression at page 3 of the instant specification,                            
              sending the frames described by Massaloux in the form of packets would have been                                
              merely a well known, widely used, and obvious expedient for transmission of data from                           
              point A to point B.                                                                                             


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