Ex Parte ALVAREZ - Page 13



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

          increasing motion,” the examiner points to column 7, lines 44-49,           
          of Igarashi for a teaching of field-based transformations being             
          best for an area of a picture as a function of the amount of                
          motion in the area.  Therefore, concludes the examiner, “the more           
          motion present the more data required to encode the picture”                
          (answer, page 5).                                                           
               Appellant argues that Igarashi merely uses an amount of                
          motion “as a selection criteria for deciding whether to select              
          field-based transformation or whether to select frame-based                 
          transformation” (principal brief, page 22).                                 
               We agree with the examiner that the artisan would have been            
          well aware that the amount of field data required to represent              
          motion is directly proportional to the amount of motion present,            
          so that as the amount of motion increases, the amount of field              
          data necessary will also increase.                                          
               Accordingly, we will sustain the rejection of claim 15 under           
          35 U.S.C. § 103.                                                            
               Claim 26 requires processing a frame of video data such that           
          vertical detail that might exist within an overlapping region of            
          two fields of said frame, if present, is removed.                           
               The examiner cites column 7, lines 33-45, of Igarashi and              
          finds that “it would have been obvious to one of ordinary skill             

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