Ex Parte RADICE - Page 3




          Appeal No. 2002-0763                                                        
          Application No. 09/039,111                                                  


          to yield composite analog video for transmission, and that Radice           
          discloses (Figure 2) a video coder module that provides for                 
          converting an analog video signal to a digital video signal prior           
          to transmission.  With respect to the examiner’s finding (first             
          Office Action, page 4) that Radice discloses in column 5, lines             
          32 through 39 “a means for inserting line identification                    
          information that is digitally encoded along with video data,”               
          appellant argues (brief, page 4 and 5) that neither of the                  
          applied references inserts source and line information into the             
          transmitted video signals.                                                  
               We agree with the appellant’s argument.  Justice is silent             
          as to source and line information, and the referenced portion of            
          Radice mentions “associated control and/or auxiliary data” and              
          “video identification byte including channel number information,”           
          but not source and line information.  The examiner’s contention             
          (answer, page 3) that source and line information must be known             
          before decoding the multiplexed video lacks evidentiary support             
          in the record.  In re Lee, 277 F.3d 1338, 1344-45, 61 USPQ2d                
          1430, 1434-35 (Fed. Cir. 2002).  Thus, the obviousness rejection            
          of claims 1 through 5 is reversed.  The obviousness rejection of            




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