Ex Parte Francois et al - Page 4

                Appeal 2007-1301                                                                                 
                Application 09/924,322                                                                           
                to make in the Briefs have not been considered and are deemed to be                              
                waived.  See 37 C.F.R. § 41.37(c)(1)(vii) (2004).2                                               
                       We affirm-in-part.                                                                        
                                                    ISSUE                                                        
                       The issue is whether Appellants have shown that the Examiner erred                        
                in rejecting the claims under 35 U.S.C. § 103(a).  The issue turns on whether                    
                the Chen reference teaches the claimed limitations, specifically the                             
                limitation “if the decoding mode is of the “inter” type with no residue, the                     
                conversion is performed by a copy of a converted pixel group of a preceding                      
                image”.                                                                                          

                                            FINDINGS OF FACT                                                     
                1. Appellants have invented a process for decoding and changing the format                       
                   of a stream of video data.  The stream of images to be converted may                          
                   contain images wherein one image may be predicted from a preceding                            
                   image (called “intra mode”) or wherein one image is of a type for which                       
                   no prediction is used (called “inter mode”).  (Specification 2:13; 3:35).                     
                   In inter mode, the predicted subsequent image block may be subtracted                         
                   from the current block, resulting in an image block called a residue.                         
                   (Specification 2:26).  The residue thus shows the amount of change from                       
                   the preceding image block. (Specification 2:31).                                              
                                                                                                                
                2 Appellants have not presented any substantive arguments directed                               
                separately to the patentability of the dependent claims or related claims in                     
                each group, except as will be noted in this opinion.  In the absence of a                        
                separate argument with respect to those claims, they stand or fall with the                      
                representative independent claim.  See In re Young, 927 F.2d 588, 590, 18                        
                USPQ2d 1089, 1091 (Fed. Cir. 1991).                                                              

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