Ex Parte PEJHAN et al - Page 8




                 Appeal No. 2003-1617                                                                                  Page 8                     
                 Application No. 09/144,240                                                                                                       


                 "Nunally is disclosing the storage of the input sequence at a different frame rate.  There                                       
                 is absolutely no disclosure pertaining to storing the motion information of the image                                            
                 sequence encoded at least at a second frame rate as claimed by the Appellants. The                                               
                 Board's attention is directed to the simple fact that Nunally simply does not perform                                            
                 encoding."  (Reply Br. at 4.)                                                                                                    


                                                           1. Claim Construction                                                                  
                         Claim 5 recites in pertinent part the following limitations: "storing said image                                         
                 sequence encoded at a first frame rate; and . . . storing the motion information of the                                          
                 image sequence encoded at least at a second frame rate."  Accordingly, the limitations                                           
                 require encoding an image sequence and motion information of the image sequence at                                               
                 different frame rates.                                                                                                           


                                                      2. Anticipation Determination                                                               
                         The passage of Nunally cited by the examiner "illustrates the processing by                                              
                 which an overall rate at which video data fields are captured and stored is increased                                            
                 when an alarm condition is detected."  Col. 76, ll. 21-23.  "[W]hen no alarm condition is                                        
                 present, the VR/PC unit operates to capture and store 30 fields per second," id. at ll. 36-                                      
                 37, "[b]ut when an alarm condition is detected, the aggregate field capture rate may be                                          
                 increased to 45 fields per second."  Id. at ll. 40-42.  We are unpersuaded that the                                              








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