Ex Parte WEN et al - Page 3




              Appeal No. 2003-2057                                                                                       
              Application No. 09/201,865                                                                                 

                     Claims 1-3, 5, 8, 10, 12, 14-18, 20, 23, 25, 27, 29, and 33 stand rejected under                    
              35 U.S.C. § 103 as being unpatentable over Nagai.                                                          
                     The examiner has indicated that claims 4, 6, 7, 9, 11, 13, 19, 21, 22, 24, 26, 28,                  
              30-32, and 34-36 are drawn to allowable subject matter.                                                    
                     We refer to the Final Rejection (Paper No. 12) and the Examiner’s Answer                            
              (Paper No. 19) for a statement of the examiner’s position and to the Brief (Paper No.                      
              18) and the Reply Brief (Paper No. 21) for appellants’ position with respect to the claims                 
              which stand rejected.                                                                                      


                                                       OPINION                                                           
                     Instant claims 1, 15, and 16 are independent.  The statement of the rejection                       
              against those claims over Nagai points to portions of the reference that are deemed to                     
              correspond to claimed features.  Nagai is found to “not specifically disclose the                          
              reversible variable length coding process is dependent from the variable length coded                      
              results.”  However, based on the teachings related to Figure 31 of the reference, the                      
              examiner contends that “it is conceivable” that portions of the variable length coded                      
              results are subsequently reversible variable length encoded.  The examiner concludes                       
              that it would have been obvious to place the reversible VLC process after the VLC                          
              process “so as to not discard relevant video information.”  (Answer at 3-4.)                               
                     Appellants acknowledge that Nagai discloses reversible variable length coding.                      
              However, appellants’ position is that Nagai’s teaching relates to reversible variable                      
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