Ex Parte BOROCZKY et al - Page 6



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

          Appellants further point out that “encode bit rate”, as                     
          understood in the art refers to a rate of delivery of compressed            
          data, in units of bits per seconds, from an encoder to a                    
          receiving device, such as a buffer.  Appellants point out that              
          Lee teaches that the encoding is subject to a fixed bit rate                
          constraint.  In column 21, lines 28 through 32, Appellants argue            
          that there is no teaching or suggestion by Lee that the bit rate            
          itself varies between GOPs.  Appellants further point out that              
          Lee does teach that the bit allocation scheme varies.  Appellants           
          argue that bit allocation refers to the number of bits allocated            
          to code in an individual segment of an input video in order to              
          maintain a bit rate.  Appellants argue that Lee teaches that the            
          variation in the value “x” permits the bit rate between GOPs to             
          be constant by allowing for variation in the bit allocation                 
          scheme between individual GOPs.  See pages 11 through 13 of the             
          brief.                                                                      
               The Examiner points out that Linzer does not disclose                  
          adjusting the at least one encoded bit rate for at least one                
          stream of multiple streams of video frames only upon the                    
          beginning of a new group of frames (GOP) within said at least one           
          stream, wherein for said at least one stream of video frames said           

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