Ex Parte Den Brinker - Page 4

               Appeal 2007-3257                                                                             
               Application 10/046,632                                                                       

               Appellant further argues that the transform function in Kleijn is not an                     
               algorithmic estimation nor its taking of a fast Fourier Transform (FFT)                      
               relates to estimating sinusoidal code data (Br. 9-10).  Therefore, the issue                 
               turns on whether the combination of Elder and Kleijn teaches or suggests the                 
               claimed subject matter related to estimating the sinusoidal code data.                       

                                          FINDINGS OF FACT                                                  
                      The following findings of fact (FF) are relevant to the issue at hand                 
               and are believed to be supported by a preponderance of the evidence.                         
                      1.    Kleijn generally relates to parametric coders for speech signal                 
               processing (P. 36, § 8) and specifically, describes sinusoidal coders as a                   
               natural processing method when the spectrum for voice speech is considered                   
               (P. 37, § 8.2).                                                                              
                      2.    Kleijn further describes the coding for windowed signals which                  
               obtains the complex spectrum of the signal by means of a fast Fourier                        
               Transform (FFT).  The spectrum is separated into magnitude and phase                         
               spectra.  The peaks in the magnitude spectrum are determined, and the rest                   
               of the spectrum is effectively set to zero.  The magnitudes, the phases, and                 
               the frequencies of this sparse spectrum are quantized and their indices are                  
               transmitted to the decoder (P. 37, § 8.2, 3rd ¶).                                            
                      3.    Appellant’s Specification describes that the “estimation”                       
               performed by the sinusoidal estimation unit on the samples “may be done by                   
               carrying out a Fourier transformation on said frequency-warped samples and                   
               subsequent, for instance, peak picking.”  (Specification 4:31 through 5:2).                  
                      4.    Appellant does not dispute the teachings of Elder, as asserted                  
               by the Examiner, and merely presents arguments directed to the teachings of                  

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