Appeal 2007-1301
Application 09/924,322
2. Format conversion takes processing time. Appellants’ invention relates
to situations where, in inter mode, the residue is zero. In these situations,
format conversion may be omitted for the current block since it has not
changed from the preceding block. Instead, according to the invention,
one need merely recopy the previously converted pixel group.
(Specification 5:26).
PRINCIPLES OF LAW
On appeal, Appellant bears the burden of showing that the Examiner
has not established a legally sufficient basis for the rejection of the claims.
“In reviewing the [E]xaminer’s decision on appeal, the Board must
necessarily weigh all of the evidence and argument.” In re Oetiker, 977
F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
Both anticipation under 35 U.S.C. § 102 and obviousness under § 103
are two-step inquiries, in which the first step is a proper construction of the
claims and the second step requires a comparison of the properly construed
claim to the prior art. Medichem S.A. v. Rolabo S.L., 353 F.3d 928, 933, 69
USPQ2d 1283, 1286 (Fed. Cir. 2003).
“Shortly after the creation of this court, Judge Rich wrote that “[t]he
descriptive part of the specification aids in ascertaining the scope and
meaning of the claims inasmuch as the words of the claims must be based on
the description. The specification is, thus, the primary basis for construing
the claims.” Standard Oil Co. v. Am. Cyanamid Co., 774 F.2d 448, 452, [227
USPQ 293, 295-96,] (Fed. Cir. 1985). On numerous occasions since then,
we have reaffirmed that point…” Phillips v. AWH Corp., 415 F3d 1303,
1315, 75 USPQ2d 1321, 1328 (Fed. Cir. 2005).
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