Ex parte OHKI - Page 12




          Appeal No. 97-1182                                                          
          Application No. 08/150,371                                                  


          interpretation that a group G1, G2 and G3, together, form a                 
          first group of matrices which then may be further resolved                  
          into separate G1, G2 and G3 constant matrices is, in our view,              
          unreasonable since the lumping of three of the constant                     
          matrices together and then separating them does not constitute              
          a "further resolving," as claimed.                                          
               We also note, that with regard to some of the dependent                
          claims where the examiner admits that the reference does not                
          disclose "image" data but that "transforming is the same                    
          whether the signal represents image or audio data," and that                
          the reference does not disclose DCT or IDCT but that                        
          "transforming is the same whether it is Walsh, DCT, or IDCT,"               
          such reasoning by the examiner might have some place in a                   
          rejection under                                                             
          35 U.S.C. 103, but such reasoning is not valid in a rejection               
          based on anticipation under 35 U.S.C. 102(b).                               
               Since Watari does not disclose or suggest each and every               
          claimed limitation, we will not sustain the rejection under                 
          35 U.S.C. 102(b).                                                           




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