Ex Parte Luo - Page 12


                   Appeal No. 2006-1618                                                                                             
                   Application No. 10/046,797                                                                                       


                   [id.].2   Appellant responds that any organization of data may not be fairly                                     
                   considered a "data structure" under the narrower definition since data merely                                    
                   arranged in a file or otherwise made available for communication or processing                                   
                   with no specific ordering or arrangement is not a "data structure for better                                     
                   algorithm efficiency" [reply brief, page 5].                                                                     
                           We will sustain the examiner's rejection of claim 12.  We agree with the                                 
                   examiner that the scope and breadth of the limitation "data structure" fully reads                               
                   on the quantized transform coefficients of Kim and that format conversion of                                     
                   graphical information is well known in the art.  According to the Microsoft Press                                
                   Computer Dictionary, "data structure" is defined as follows:                                                     
                                  data structure  An organizational scheme, such as a                                               
                                  record or an array, applied to data so that it can be                                             
                                  interpreted and so that specific operations can be                                                
                                  performed upon that data.                                                                         
                   Microsoft Press Computer Dictionary, 2d ed., Microsoft Press, 1994, at 110.                                      
                           Although "[d]ictionaries…are often useful to assist in understanding the                                 
                   commonly understood meaning of words[,]…any reliance on dictionaries accords                                     
                   with the intrinsic evidence:  the claims themselves, the specification, and the                                  
                   prosecution history."  Free Motion Fitness, Inc. v. Cybex Int'l, Inc., 423 F.3d                                  
                   1343, 1348, 76 USPQ2d 1432, 1436 (Fed. Cir. 2005) (internal citations omitted).                                  
                   The definition of "data structure" above fully comports with the term's usage in                                 

                                                                                                                                    
                   2 Under this narrower definition, "data structure" is defined as "[a]n organization of information,              
                   usually in memory, for better algorithm efficiency, such as queue, stack, linked list, heap,                     
                   dictionary, and tree, or conceptual unity, such as the name and address of a person.  It may                     
                   include redundant information, such as length of the list of number of nodes in a subtree"                       
                   [answer, page 7].                                                                                                

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