Ex parte IGARASHI et al. - Page 6

          Appeal No. 1998-1322                                       Page 6           
          Application No. 08/454,068                                                  

               The examiner fails to show a disclosure of the claimed                 
          limitations in the prior art.  Although Krause teaches                      
          selecting between frame-based predictive encoding and field-                
          based predictive encoding, the selection is not based on which              
          encoding produces a smaller quantity of data.  To the                       
          contrary, the selection is based on which encoding is more                  
          accurate.  Specifically, the reference includes the following               
               [A]ccumulated errors from the respective frame and                     
               field formatted paths are compared at a comparator                     
               122, which provides an output signal at terminal 124                   
               indicative of which path produced the least error                      
               for a particular pair of pixel data blocks.                            
                    The output signal from the error evaluation and                   
               selection components actuates switch 39 (FIG. 3) to                    
               connect the compression path having the least error                    
               to downstream processing circuitry. [Col. 8, ll. 49-                   
          By selecting between frame-based predictive encoding and                    
          field-based predictive encoding based on which encoding                     
          technique produces a smaller error, Krause bases selection on               

               Selection based on the accuracy of data is not tantamount              
          to selection based on the quantity of the data.  We see no                  

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