Ex parte HURST et al. - Page 6




          Appeal No. 1997-0900                                                        
          Application 08/371,039                                                      



               On the other hand, we sustain the rejection of claim 7 on              
          appeal.  Despite the language at the beginning of the claim                 
          reciting a multiple mode motion compensated compression                     
          apparatus, there is only one recited mode in the body of the                
          claim, where it is recited at the end of claim 7 that the                   
          transfer function of the nonlinear processing means is                      
          responsive only to “a mode” of the compression apparatus.                   
          Because appellants' arguments at pages 9 and 10 of the brief                
          relating to claim 12 admit that in Grotz's circuit that                     
          residues are formed into compressed output data in only one                 
          mode, the subject matter of claim 7 otherwise obviously would               
          have been met.  There are also no arguments presented in the                
          brief directed to claim 7 anyway.                                           
               We also sustain the rejection of claim 5 for similar                   
          reasons.  Claim 5 is not separately argued as well in the                   
          brief.  In contrast to the subject matter of independent                    
          claims 1 and 3 on appeal, there is no recitation in this claim              
          of intraframe and interframe coding.  Similarly, the language               
          at the end of claim 5 relating to “different modes” is not                  
          distinguished since the meaning or context of the different                 

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