Ex Parte ALVAREZ - Page 12



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

               With regard to claim 12, this claim calls for a step of                
          correlating including “smoothing said combined motion indicator.”           
          The examiner points to column 30, lines 24-51, of Igarashi for a            
          teaching of calculating an overall motion by averaging the motion           
          of all the macro blocks, and contends that such averaging of                
          motion vectors “is considered smoothing since the vectors are               
          averaged thus eliminating any anomalous vectors and therefore               
          smoothing out the overall motion” (answer, paragraph bridging               
          pages 11-12).                                                               
               While appellant argues in the principal brief that Igarashi            
          does not disclose the claimed “smoothing” at column 7, lines 33+,           
          as well as in Tables 1 and 2, as previously argued by the                   
          examiner, appellant does not argue or dispute the examiner’s                
          reasoning in the answer, based on column 30, lines 24-51, even              
          though appellant filed a reply brief and had an opportunity to              
          respond.                                                                    
               Accordingly, since there is no response from appellant to              
          the examiner’s rationale for rejecting claim 12, as that                    
          rationale is stated in the answer, we will also sustain the                 
          rejection of claim 12 under 35 U.S.C. § 103.                                
               Next, with regard to claim 15, reciting “amounts include a             
          generally increasing relative amount of field data with                     

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