Ex Parte Janko et al - Page 5

                Appeal 2006-3266                                                                             
                Application 10/418,405                                                                       

                      The Examiner (Answer 6) states that Osberger "discloses (Figs. 1-2)                    
                the method of analysis [sic] the video signal.  This method provides an                      
                improved visual attention model."  Again the Examiner indiscriminately                       
                combines the two concepts of signal error and visual attention models                        
                without any suggestion to do so in the references.  Osberger analyzes the                    
                content of a video sequence to obtain a visual attention model.  We find                     
                nothing in Osberger that would suggest highlighting signal errors in the                     
                areas of viewer significance.                                                                
                      Since we find no teaching or suggestion in any of the references, and                  
                the Examiner has pointed to none, to highlight signal errors in the areas of                 
                viewer significance, the Examiner has not provided a proper motivation to                    
                combine.  Thus, the Examiner has failed to establish a prima facie case of                   
                obviousness.                                                                                 


















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