Ex parte SCOTT et al. - Page 14




          Appeal No. 1997-3225                                                        
          Application No. 08/351,218                                                  



          different than we found for claim 1 in several ways, the                    
          database includes more images and provides for correlation                  
          functions, further the aspects are determined for all of the                
          images in the database.                                                     
               We find that the Examiner has failed to present a prima                
          facie case of obviousness.  We find that the database teaching              
          of Lee is limited to two images.  Lee does not teach that the               
          images are in a database where the images correspond to a unit              
          of speech.  Further, Lee does not teach determining aspects                 
          for more than the two images being animated.  We find that                  
          Lavagetto on page 628, column 1, teaches a “database of images              
          (key-pictures) reproducing the mouth expressions associated to              
          the pronunciation of each classified phoneme.”  However, we                 
          find that Lavagetto does not teach determining aspects of each              
          image which are common to other images in the database.  We                 
          find that the Examiner has failed to show that each limitation              
          in the claim is taught by the prior art.  Specifically, the                 
          prior art does not show  “establishing some aspect of each                  
          image of said database which relates to each other image in                 
          the database,” where said database is “a database of images,                

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