Ex parte SHAHRARAY - Page 5




          Appeal No. 1997-0650                                                        
          Application 08/171,136                                                      




               Moreover, assuming for the sake of argument that the                   
          references are properly combined, we find no teaching or                    
          suggestion of the claimed ordering and averaging together                   
          steps of independent claim 1 on appeal to derive the best                   
          match signal and to eventually obtain the instantaneous or IM               
          signal which is claimed to indicate a scene change only when                
          the signal meets  predetermined decision criteria as set forth              
          in independent claims 1 and 25 on appeal.                                   
               We do not understand Avis as teaching the details of                   
          block matching defined by clause (c) of claim 11 on appeal,                 
          let alone the combined teachings of the references teaching                 
          the calculation of an average value and then normalizing a                  
          minimum value of the first match signal to obtain a normalized              
          minimum value set forth at the end of claim 11 on appeal.                   
               Finally, as to independent claims 21 and 24 on appeal, we              
          find no basis in the combined teachings and suggestions of the              
          references relied upon for comparing the plurality of pairs of              
          frames set forth in claim 21, for example, in order to                      
          generate an instantaneous match (IM) signal and then                        
          “temporally filtering” this signal to generate the claimed                  
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