Ex Parte HARTUNG et al - Page 5




          Appeal No. 2002-0764                                                        
          Application No. 09/131,960                                                  


          each coded frame to serve as representative of a subsequence of             
          multiple video frames.”  Appellants argue (brief, pages 5 and 6)            
          that “element 202 does not, in fact, select a particular one of             
          the video frames, as required by the claims . . . ,” and that               
          “whereas element 116 of Fig. 1 of Golin most certainly codes a              
          video frame, it does not code a selected video frame as                     
          representative of a subsequence of frames, as is required by the            
          instant claims.”                                                            
               We agree with appellants’ arguments.  Element 202 in Golin             
          (Figure 2) selects a target frame from the sequence of images for           
          a complexity analysis (column 5, lines 1 through 34), and this              
          value is then used in the second pass of the sequence of images             
          to thereby compress the complete sequence of images.  In other              
          words, element 116 in Golin does not compress the target image              
          selected by element 202.  Thus, the anticipation rejection of               
          claims 1, 6, 7, 9, 15, 20, 21 and 23 is reversed because “Golin             
          describes no more than methods of computing a complexity measure            
          that it then uses in deciding how to code (i.e., “compress,” in             
          Golin’s terminology) each image -- not whether to code                      
          (“compress”) a given image” (reply brief, page 5).  The                     
          obviousness rejections of claims 2 through 5, 8, 10 through 14,             
          16 through 19, 22 and 24 through 28 are reversed because the                
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