Ex Parte BOROCZKY et al - Page 10



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

               We find that Lee teaches a bit rate control algorithm in               
          column 21, lines 23 through 51.  Lee teaches that N is the number           
          of P1 frames.  See Lee column 21, lines 26 and 27.  Lee teaches             
          that to adapt N subject to a fixed bit rate constraint, a                   
          variable bit allocation is used.  See column 21, lines 28 through           
          31.  Thus, in Lee, the rate control for a single video stream               
          within the system maintains a constant bit rate which is achieved           
          by using a variable bit allocation.  However, we fail to find               
          that Lee teaches or suggests adapting encoding by adjusting the             
          encode bit rate for at least one stream of the multiple streams             
          only upon the beginning of a new group of frames within at least            
          one stream, wherein for the at least one stream of video frames             
          the encode bit rate is constant within the new group of frames              
          and is variable between new groups of frames.                               










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