Ex Parte CHADDHA - Page 9



         Appeal No. 2004-2185                                                       
         Application 08/855,245                                                     

         environment, it is clear that Bolot plainly teaches the                    
         availability of doing this and the desirability of doing it                
         according to the discussion at column 2 of page 58 and the                 
         initial lines of column 1 of page 59.                                      
              We conclude therefore that Bolot is cumulative to teachings           
         already either taught or strongly suggested in Chaddha, and that           
         the teachings of Bolot clearly would have led the artisan to have          
         enhanced the teachings and suggestions of Chaddha to                       
         advantageously make clear the desirability of feeding information          
         back to the video source, the server, because of changing network          
         conditions either explicitly or implicitly determined.                     
              It is believed that the extent of the discussion in this              
         opinion has adequately provided a basis for the obviousness of             
         the subject matter of dependent claims 2-9 to the extent they are          
         argued in the brief.  It appears to us as well as we believe to            
         the artisan that right sizing in Chaddha occurs not only at the            
         client or decoder side, but as well as at the server or source of          
         the video information side of the data stream.  Even though Bolot          
         does not mention enhancement layers per se, the teaching value of          
         this reference is viewed by us to be so strong as to strongly              
         suggest to the artisan that Chaddha's inherent ability to prune            
         or eliminate as well as to grow or add enhancement layers would            
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