Ex Parte Trovato - Page 5




               Appeal No. 2004-1628                                                                                                
               Application 10/254,720                                                                                              



                       Accordingly, we will not sustain the rejection of claims 1-3 and 6 under 35 U.S.C.                          
               §102 (b) since Singhal does not teach each and every claim limitation.                                              


                       Turning to independent claim 7, directed to decoding, the examiner contends that this                       
               claim is anticipated by Kawauchi.                                                                                   


                       Similar to the issue regarding independent claim 1, the issue here is whether Kawauchi                      
               teaches the claimed step of processing an encoding of at least one texture area to “determine a                     
               texture type that is associated with the at least one texture area.”                                                


                       In arguing that Kawauchi does not teach this claim limitation, appellant discusses column                   
               14, lines 35-57, of Kawauchi and contends that, based on these portions of the reference,                           
               Kawauchi only discloses reproducing texture area data, but not how to “determine a texture type                     
               that is associated with at least one texture area.”                                                                 


                       However, we point to column 9, lines 55-67, as the examiner did at page 8 of the answer,                    
               wherein Kawauchi discloses that                                                                                     
                       [t]exture areas having the same first frequency spectrum pattern are put                                    
                       into a first group.  Further, texture areas having the same second frequency                                
                       spectrum pattern are put into a second group . . . .                                                        


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