20. The appellant argues that, due to the wording of the claim, which begins A method of bandwidth extension decoding, document D6 rather than D2 should be regarded as the closest prior art. This was because D6 was directed to bandwidth extension, whereas D2 was directed to dual-mode decoding. The wrong choice of the closest prior art lead the Examining Division to reasoning contaminated by hindsight.
23. As to the second assumption, D2 lies in the field of audio encoding and decoding and attempts to solve the problem of achieving a small data volume whilst keeping a good signal quality by using dual-mode time and frequency domain encoding and decoding. The method of claim 1 does the same, and the claim would make just as much sense if it began A method of dual-mode decoding. Thus, D2 is as much in the field of the claim as D6 is, irrespective of the introductory wording.