Ex parte THOMAS H. JUDD - Page 2




          Appeal No. 95-4414                                                          
          Application 08/143,007                                                      


          U.S.C. § 101 and of claims 1, 5 and 14 under 35 U.S.C. § 103.               
          Claims 2-4 were indicated as containing allowable subject matter.           
          After the initial brief was filed, this case was remanded to the            
          examiner for consideration of the Section 101 issue in view of              
          guidelines which had been promulgated by the Commissioner.  Upon            
          remand, the examiner withdrew the rejection of claims 5-13 under            
          35 U.S.C. § 101 and indicated that claims 6-13 now contained                
          allowable subject matter [supplemental answer].  Therefore, only            
          the rejection of claims 1, 5 and 14 under 35 U.S.C. § 103 remains           
          on appeal before us.                                                        
          The claimed invention pertains to an apparatus and method                   
          for predicting the subjective image quality of a reference image            
          which has undergone a specified level of compression and                    
          decompression.  More specifically, intensity variation loss                 
          information is determined for image data which has not been                 
          processed and for image data which has been compressed and                  
          decompressed.  A comparison of this information is used to                  
          generate a quality rating which predicts the subjective quality             
          of the processed image.                                                     
          Representative claim 1 is reproduced as follows:                            
               1.  An apparatus for predicting subjective image quality               
          of a reference image given a pre-specified level of compression,            
          comprising:                                                                 

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