Ex Parte PARK et al - Page 3




          Appeal No. 2003-1523                                                        
          Application 09/432,426                                                      

          for a statement of the examiner's rejection, and to the brief               
          (Paper No. 15) (pages referred to as "Br__") and reply brief                
          (Paper No. 17) (pages referred to as "RBr__") for a statement of            
          appellants' arguments thereagainst.                                         
                                       OPINION                                        
          Claim 1                                                                     
               Claim 1 is directed to a video coding method that includes             
          the step of "receiving channel status information indicating an             
          error profile of the communication channel."                                
               Appellants argue that Watanabe does not teach "receiving               
          channel status information indicating an error profile of the               
          communication channel," as recited in claim 1 (Br3-4; RBr2).                
               A section 103 analysis begins with a key legal question:               
          What is the invention claimed?  Panduit Corp. v. Dennison Mfg.              
          Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed. Cir. 1987).             
          In particular, we must interpret the term "error profile."  We              
          have not been successful in finding a formal definition of "error           
          profile" in a technical dictionary or on the Internet, although             
          the term is frequently used.  Appellants' specification shows               
          three CDMA "error profiles" in Table 1 at page 8.  The error                
          profiles have parameters of Doppler Frequency (Hz), Average BER             
          (Bit-Error Rate), and Average Burst Length (Bits).  Thus, the               
          "error profile" can be defined as the characterization (profile)            
          of the type and magnitude of channel error statistics, which is             

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