Appeal No. 1996-4091
Application 08/167,394
information about the type of picture each HD macroblock is a
part of. Appellants disclose on page 9 of the specification that
the macroblock type of each SD macroblock is determined in the
mode selection processor 50 based upon mode information from the
co-sited HD macroblocks. The SD macroblock mode is determined
by the most often used mode in the group of HD macroblocks and
then assigning it to the SD macroblock, or it is determined by
a priority list in Table I in the case of a tie.
On page 10 of the specification, Appellants disclose
that after the SD macroblock mode is selected, the motion vectors
of the SD block can be determined. Appellants then disclose on
pages 10 and 11 how the motion vectors are determined.
The Examiner has not given us any analysis as to why
these portions of the specification, along with the Table and
Figures, do not provide an enabling disclosure. Since the burden
is initially upon the Examiner to establish a reasonable basis
for questioning the adequacy of the disclosure, we find that
the Examiner's failure to consider these portions of the
specification in his determination of why the Appellants'
disclosure is not enabling is flawed. Therefore, we find that
the Examiner has not established the reasonable basis for
questioning the adequacy of the disclosure and thereby will not
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