Ex parte GIROD et al. - Page 8




          Appeal No. 1997-2474                                       Page 8           
          Application No. 08/125,590                                                  


          First, they argue that McMillan is non-analogous art.  (Appeal              
          Br. at 6-9.)  The examiner replies, “appellant's argument ...               
          appears to be contradicted to [sic] what the appellant claims               
          in the present invention, in which both DCT and IDCT have                   
          almost the same and/or similar limitations.”  (Examiner’s                   
          Answer at 8.)  We agree with the examiner.                                  


               Art is analogous if a reference either is within the                   
          field of an inventor's endeavor or is reasonably pertinent to               
          the particular problem with which the inventor was involved.                
          In re Oetiker, 977 F.2d 1443, 1447, 24 USPQ2d 1443, 1445 (Fed.              
          Cir. 1992); In re Clay, 966 F.2d 656, 658-59, 23 USPQ2d 1058,               
          1060 (Fed. Cir. 1992).                                                      


               Here, the appellants state that their invention “relates               
          generally to the field of digital image processing systems                  
          ....”  (Spec. at 2.)  McMillan, in turn, “relates to the field              
          of digital image processing systems ....”  Col. 1, ll. 10-11.               
          The appellants admit “that both McMillan, Jr. et al. and the                
          present invention are directed to image processing systems,”                
          (Appeal Br. at 5), and “both McMillan, Jr. et al. and the                   







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