Ex parte OGURA - Page 5




              Appeal No. 1999-1520                                                                                             
              Application No. 08/634,203                                                                                       

              reference block (picture information storage unit 2).  Compare instant Figure 1, with                            
              reference block analyzer 3 controlling selection of pixels based on reference block data                         
              input to terminal 1.                                                                                             
                      The examiner has not pointed out where Yamada contains the above-noted                                   
              requirements of instant claim 1, and we are unable to find the relevant features disclosed in                    
              the reference.  We therefore do not sustain the rejection of claim 1, nor of the claims                          
              dependent therefrom.                                                                                             
                      The requirements of method claim 19, in the adaptive determination of pixels in the                      
              reference block and check block, are similar to those of apparatus claim 1.  For                                 
              substantially the reasons previously noted, we do not sustain the rejection of claim 19, nor                     
              its dependent claims.  We therefore do not sustain the section 102 rejection of claims 1-3,                      

              8, 19-21, and 26.                                                                                                
                      The examiner adds the teachings of Kondo to those of Yamada for several features                         
              of independent and dependent claims which are deemed to be absent from Yamada.                                   
              According to the Answer at page 6, in regard to claims 13-18 and 31-36 (claims 13 and                            
              31 independent), Kondo is relied upon for a showing of dividing reference and check                              
              blocks into sub-block levels.                                                                                    
                      Independent claims 13 and 31, as the rejection appears to acknowledge, require                           
              basic features which are recited in broader claims 1 and 19.  Claim 13 sets forth analyzing                      
              means for adaptive determination of pixels from reference block data, and selecting                              

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