Ex parte THOMAS H. JUDD - Page 6




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


          image having less than a predetermined fraction of the intensity            
          variation of a corresponding block of the reference image; 4)               
          there is no generation in Bovik of an impairment level based on             
          the intensity variation loss information; and 5) the switch in              
          Bovik does not suggest the operation performed by appellant’s               
          claimed switch [brief, pages 14-18].  Each of appellant’s                   
          arguments is correct and is sufficient to justify reversal of the           
          examiner’s rejection.                                                       
          It is sufficient for this decision to merely consider the                   
          argument referred to as “2" above.  All of the means and steps of           
          the claimed blocking estimation processor are based on a separate           
          analysis of a signal after it has been processed by compression             
          and decompression with the same signal without any processing.              
          In our view, Bovik does not operate on a reference image and a              
          processed image so that none of the steps or means of the claimed           
          invention which relate to the processing of two different images            
          are suggested by Bovik.                                                     
          The examiner suggests that the image signals coming from                    
          storage device 14 and camera 11 in Bovik represent the two                  
          different signals as claimed.  We do not agree.  The signals in             
          storage device 14 are the exact same signals as are generated by            
          digitizer 12 of Bovik.  If the digitizer is the compression                 

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