Ex Parte BOROCZKY et al - Page 9



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

               encode bit rate employed in said encoding of at least one              
               stream of video frames wherein said adjusting only occurs              
               upon beginning of a new group of frames (GOP) within said at           
               least one stream of video frames, wherein for said at least            
               one stream said encode bit rate is constant within each GOP            
               and is variable between GOPs.                                          
          We note that Appellants’ independent claim 33 recites:                      
               computer readable program code means for causing a computer            
               to effect adjusting at least one encode bit rate employed by           
               said encoding to encode said multiple streams of video                 
               frames, and wherein said adjusting the at least one encode             
               bit rate for at least one steam of the multiple streams of             
               video frames only occurs upon 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 encode bit               
               rate is constant within each GOP and is variable between               
               GOPs.                                                                  
          Finally, we note that Appellants’ independent claim 36 recites:             
               wherein said at least one controllable encode parameter                
               comprises at least one encode bit rate, and wherein said               
               adapting said encoding for at least one stream only occurs             
               upon 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 encode bit rate is constant within each              
               GOP and is variable between GOPs.                                      
          Therefore, we find all Appellants’ claims recite encoding of                
          multiple streams in parallel, with encoded bit rate of one or               
          more of the stream being constant within each GOP and variable              
          between GOPs based upon relative changes in the intraframe and/or           
          interframe characteristics.                                                 


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