Ex parte JOHNSON - Page 6




                   Appeal No. 96-2997                                                                                                                               
                   Application 08/179,458                                                                                                                           


                   1789 (BPAI 1986).                                                                                                                                

                            Claims 1 and 5 on appeal are directed to a method of, and claims 8 and 12 on appeal are                                                 

                   directed to the apparatus for, providing slow motion video by identifying and dilating a segment of                                              

                   frames.  Each of the frames in the segment is dilated to produce replicated frames.  Furthermore,                                                

                   intermediate frames (claims 1 and 8 on appeal) or frames at one end of the segment (claims 5 and 12                                              

                   on appeal) are replicated a greater number of times than beginning and ending frames (claims 1 and 8                                             

                   on appeal) or frames at a second end of the segment (claims 5 and 12 on appeal).  The examiner                                                   

                   repeatedly (Answer, pages 3 to 4) relies upon Poulett’s disclosure at column 3, lines 53 to 55 as                                                

                   inherently anticipating the recited feature of replicating intermediate or                                                                       



                   first frames more times than beginning and ending or second frames.  The examiner states that it is                                              

                   "inherent that the frames at one end of the segment could have a different repetition rate than the                                              

                   frames at the other end of the segment" (Answer, pages 3 and 4).  We find this to be a possibility or                                            

                   probability regarding what may have resulted from Poulett’s express disclosure of replicating frames in                                          

                   a segment with three possible constant speeds (slow motion 1, slow motion 2, and slow motion 3 as                                                

                   shown in figure 10C).  Poulett’s slow motion device is capable of three speeds: constant slow motion                                             

                   speed 1 using button S8; constant slow motion speed 2 using button S7; and variable slow motion                                                  

                   speed 3 using button S6 which allows the operator to vary speed using a control lever.  While it is                                              


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