Ex Parte DAS et al - Page 5




          Appeal No. 2000-2080                                                        
          Application 09/287,226                                                      


               In regard to claim 2, the preamble clearly states that the             
          invention is, "A motion-compensated video bitstream syntax,                 
          comprising:" (emphasis added).  The body of this claim provides             
          for three consecutive groups of consecutive bits representing               
          respectively, vectors, a resynchronization word, and texture                
          data.                                                                       
               We agree with the Examiner3 that the claimed bitstream is an           
          abstraction and not a "physical thing" as argued by Appellants4.            
          Appellants assert that between creation and decoding of the                 
          bitstream it is either in transmission as an electromagnetic wave           
          or in storage in machine-readable form.  However, a careful                 
          inspection of claim 2 reveals absolutely no recording medium for            
          the bitstream, or its being in transmission.  In fact, we find              
          that this claim sets forth merely the disembodied bitstream                 
          syntax, without reference to computer operation or its actual use           
          for motion compensation.                                                    







               3  Answer, page 2.                                                     
               4 Brief, page 3.                                                       
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