Ex parte SCOTT et al. - Page 20




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



          the same aspect in another image in the database,” where the                
          database is “a database of images . . . corresponds to a unit               
          part of said action.”  As we have found that Terzopoulos is                 
          not properly combined with Lee and Lavagetto, the reasons set               
          forth above with respect to claim 6 also apply.  Accordingly,               
          we will not sustain the rejection of claims 35 through 37, 41               
          through 47, 58 through 62, 66, 70, 71 and  72.                              
               Claims 48 and 79 are independent claims and contain                    
          limitations of analyzing a video sample to determine an image               
          which best represents a unit of speech and saving it in a                   
          database.  Specifically, claim 48 contains the limitations of               
          “obtaining a sample of the subject speaking,” “determining a                
          part of the sample which best represents a particular unit” of              
          speech and “storing an image in the database representative of              
          said part of the sample which best represents the particular                
          unit and an indication of the particular unit.”  We find that               
          the feature of                                                              






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