Ex parte ARTIERI - Page 8




            Appeal No. 1997-2310                                                                          
            Application No. 08/329,945                                                                    


            adjacent stripe data with current data and, therefore, must be                                
            relying on Knee for such memories.  However, as detailed                                      
            above, such reliance on Knee is misplaced as Knee stores each                                 
            slice separately.  Accordingly, the examiner has failed to                                    
            establish a prima facie case of obviousness for claim 1.                                      
            Consequently, we cannot sustain the rejection of claim 1 and                                  
            its dependents, claims 2 through 5 and 35.                                                    
                  Similarly, for independent claims 6, 15, and 23 the                                     
            examiner fails to point out in either the Final Rejection or                                  
            the Answer what elements are relied upon for the claimed                                      
            memories.  In the claims, each memory stores reconstructed                                    
            data with reconstructed adjacent data.  The examiner (Final                                   
            Rejection, page 4) discusses how adjacent stripe information                                  
            must be accessed in decoding the current stripe in Knee.                                      
            However, adjacent data may be accessed for decoding the                                       
            current stripe without being stored therewith.  In contrasting                                
            appellant's storage of adjacent motion data with Retter's                                     
            "stor[age of] boundary synchronization data for still picture                                 
            reconstruction" (Answer, page 6), the examiner appears to                                     
            admit that Retter does not disclose storage of adjacent data                                  
            with current data and, therefore, must be relying on Knee for                                 
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