Ex Parte DE WITH et al - Page 3




               Appeal No. 2002-1231                                                                                                 
               Application No. 09/328,693                                                                                           


                       Claims 1, 4-9, and 18 stand rejected under 35 U.S.C. § 103 as being                                          
               unpatentable over Fujinami in view of Vogel in view of Yagasaki.                                                     
                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                
               appellants regarding the above-noted rejections, we make reference to the examiner's                                 
               answer (Paper No. 37, mailed Oct. 23, 2001) for the examiner's reasoning in support of                               
               the rejections, and to appellants’ brief (Paper No. 36, filed Aug. 15, 2001) for appellants’                         
               arguments thereagainst.                                                                                              
                                                            OPINION                                                                 
                       In reaching our decision in this appeal, we have given careful consideration to                              
               appellants’ specification and claims, to the applied prior art references, and to the                                
               respective positions articulated by appellants and the examiner.  As a consequence of                                
               our review, we make the determinations which follow.                                                                 
                       Appellants argue that the combination of references must teach all of the claim                              
               limitations and that the combination of Fujinami, Vogel and Yagasaki do not teach or                                 
               fairly suggest “the reference vector being the motion vector of any selected one of said                             
               blocks” as recited in independent claim 1.  (See brief at pages 4-5.)  The examiner                                  
               maintains that Fujinami teaches the vector VN being the representative vector of Va,                                 
               Vb, and Vc and the difference between the individual vectors as shown in Fig. 3 is                                   
               considered to be zero and relies upon the teachings of columns 7-8.  (See answer at                                  
               page 6.)  While we agree with the examiner that Fujinami teaches that VN is a                                        

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