Ex Parte PEJHAN et al - Page 4




                 Appeal No. 2003-1617                                                                                  Page 4                     
                 Application No. 09/144,240                                                                                                       


                 in two separate storages,"  (id. at 6), he concludes, "the frame rate change is inherently                                       
                 performed as the field rate change is requested."  (Id.)  The appellants argue,                                                  
                 "selectively dropping frames or lines from an input stream is not changing the frame rate                                        
                 by retrieving the stored motion information of the same image sequence encoded                                                   
                 at a second frame rate."  (Reply Br. at 3.)                                                                                      


                         In addressing the point of contention, the Board conducts a two-step analysis.                                           
                 First, we construe the independent claims at issue to determine their scope.  Second,                                            
                 we determine whether the construed claims are anticipated.                                                                       


                                                           1. Claim Construction                                                                  
                         "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).  Here, claim 1 recites in pertinent part the following limitations: "transferring                                    
                 the image sequence at said second frame rate by retrieving stored information of said                                            
                 image sequence in accordance with said second frame rate, wherein said transferring                                              
                 step transfers the image sequence at said second frame rate by retrieving a stored                                               
                 motion information of said image sequence encoded at said second frame rate."  Claims                                            
                 12 and 16 include similar limitations.  Accordingly,  claims 1, 12, and 16 require                                               
                 changing the frame rate at which an image sequence is transferred by retrieving stored                                           








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