Ex Parte BOROCZKY et al - Page 5



          Appeal No. 2003-2031                                                        
          Application 09/225,193                                                      

               An obviousness analysis commences with a review and                    
          consideration of all the pertinent evidence and arguments.  “In             
          reviewing the [E]xaminer’s decision on appeal, the Board must               
          necessarily weigh all of the evidence and argument.”                        
          In re Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444.  “[T]he Board           
          must not only assure that the requisite findings are made, based            
          on evidence of record, but must also explain the reasoning by               
          which the findings are deemed to support the agency’s                       
          conclusion.”  In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430,               
          1434 (Fed. Cir. 2002).  With these principles in mind, we                   
          commence review of the pertinent evidence and arguments of                  
          Appellants and Examiner.                                                    
               Appellants argue that Linzer and Lee individually, and in              
          combination, fail to teach, suggest or imply adapting the                   
          encoding of multiple streams and parallel, with encode bit rate             
          of one or more of the streams being constant within GOP and                 
          variable between GOPs based on relative changes in the intraframe           
          and/or interframe characteristic as recited in Appellants’                  
          claims.  See pages 8 through 10 of the Appellants’ brief.                   



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