Ex Parte Suzuki - Page 4

               Appeal 2007-2921                                                                             
               Application 09/951,452                                                                       
               35 U.S.C. § 102(e)?  Particularly, does Park’s disclosure anticipate the                     
               claimed invention given that Park teaches quantizing incoming digital signal                 
               bands to generate multi-layered bitstreams that are subsequently encoded?                    
                                          FINDINGS OF FACT                                                  
                      The following findings of fact are supported by a preponderance of                    
               the evidence.                                                                                
                                                  The Invention                                             
                      1.  Appellant invented a data recoding method and apparatus for                       
               compressing incoming digital signal bands. (Specification 8.)                                
                      2. As depicted in Figure 1, upon receiving digital signal bands                       
               generated from a filter (61) and an analog to digital converter (62), an                     
               encoder (63) quantizes the received bands to output compressed data                          
               including a quantization error.  (Specification 27.)                                         
                      3. The resulting quantization error is further re-compressed in                       
               another encoder (65), and subsequently added to the compressed data.  (Id.)                  
                                        The Prior Art Relied Upon                                           
                      4.  Park discloses a method and apparatus for coding and decoding                     
               audio signals. (Abstract, Title.)                                                            
                      5. As shown in Figure 2, Park discloses a quantizing module (220)                     
               that, upon receiving digital signal bands generated from a filter (200),                     
               outputs quantized data including a quantization noise or error.  (Col. 5, ll.                
               54-67.)3  The ensuing quantized data and quantization error are represented                  

                                                                                                           

               3 Park states that “[t]he quantizing portion 220 quantizes the signals for each              
               predetermined coding band so that the quantization noise of each band                        
                                                     4                                                      

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