Ex parte HANCOCK et al. - Page 9




          Appeal No. 1998-0879                                                        
          Application 08/251,730                                                      

          limitation although Appellants' escape code is disclosed to                 
          work differently.                                                           
               The Examiner correctly states that Appellants' second                  
          argument is that "[Kantner] fails to disclose using byte                    
          headers subsequent to the escape codes in the compressed                    
          bit-stream for delineating the desired compression                          
          technique" (EA6).  The Examiner provides a long and complex                 
          discussion of how Kantner can be interpreted to meet the                    
          limitation, which we do not find persuasive.                                
               First, the Examiner erroneously finds byte header 68 to                
          be a "trailing byte header" (EA7), which is a function of                   
          the previous quadruple of elementary units.  It is stated                   
          (EA7):  "While Kantner discloses accessing the leading byte                 
          header [42] for determining the coding technique placement                  
          for the first quadruple which follows, the reference appears                
          to be silent on the function of the trailing byte header for                
          anything, as would be required by the claims in question"                   
          (underlining added).  Nevertheless, the Examiner finds that                 
          one of ordinary skill in the art would have recognized that                 
          the encoding process inserts a trailing byte header which is                
          a function of the previous quadruple of elementary units.                   

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