Ex Parte PARK - Page 7




          Appeal No. 2000-0980                                                        
          Application 08/763,733                                                      


          whether or not picture data will be read into the decoding                  
          circuit.  The examiner notes that Okada, therefore, skips reading           
          of data information into the decoding circuit when the data                 
          information is to be skipped [answer, page 10].  Appellant                  
          reiterates that Okada reads the picture from buffer 2 even when             
          the data is to be skipped [reply brief].                                    
          We again agree with the position argued by the examiner.                    
          Representative claim 1 broadly recites that a reading of units of           
          picture information is skipped.  We agree with the examiner that            
          Okada performs two different types of reading.  One reading is              
          into buffer 2 and the second reading is into decoder 4.  Although           
          it appears that Okada always performs the first read, Okada only            
          performs the second read when the information is not to be                  
          skipped.  Thus, Okada discloses skipping a reading of units of              
          picture data when that information is to be skipped.  We find               
          this disclosure of Okada sufficient to meet the language of                 
          appealed claim 1.  Therefore, we sustain the examiner’s rejection           
          of claims 1, 2 and 6-9.                                                     
          We now consider the examiner’s rejection of claims 3-5                      
          and 12 under 35 U.S.C. § 103 as being unpatentable over the                 
          teachings of Okada and Iwamura.  In rejecting claims under 35               
          U.S.C. § 103, it is incumbent upon the examiner to establish a              

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