Ex Parte ALVAREZ - Page 7



          Appeal No. 2004-0252                                                        
          Application No. 09/439,920                                                  

               The output of Figure 3 is said to be “progressive video,”              
          which the examiner alleges meets the claim language, “forming de-           
          interlaced video data corresponding with said interlaced video              
          data in accordance with said determined motion.”                            
               The examiner explains that the forming of de-interlaced                
          video is accomplished by combining frame data and field data of             
          the interlaced video data (pointing to Igarashi, Figure 3 and               
          column 16, lines 14-57).  The examiner further explains that                
          after selecting the most efficient means, i.e., frame or field              
          motion detection, for processing the macro block, the macro block           
          is processed and combined with previously encoded macro blocks to           
          form the picture frame which is by definition de-interlaced video           
          (pointing to Figure 10 of Igarashi, as well as column 10, lines             
          32-39).                                                                     
               The examiner appears to recognize that Igarashi does not               
          teach the use of frame and field data together because the                  
          examiner states that:                                                       
               While Igarashi is clearly concerned with selecting                     
               which is the most efficient means, the motivation to                   
               combine the data is clearly taught. . . . it was well                  
               known that digital pictures were . . . made up of macro                
               blocks [sic], Igarashi teaches that by processing each                 
               individual macro block in the most efficient manner,                   
               the picture that these macro blocks make up when                       
               combined, will be efficiently coded.  Therefore[,] it                  
               would have been obvious . . . to modify the encoder as                 

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