Ex parte CRANE et al. - Page 9




          Appeal No. 1998-1397                                       Page 9           
          Application No. 08/482,905                                                  


          (citing In re Gorman, 933 F.2d 982, 987, 18 USPQ2d 1885, 1888               
          (Fed. Cir. 1991)).                                                          


               Here, the examiner admits, “Westland does not                          
          specifically discloses [sic] the newly added limitations                    
          wherein the portion of the first video scene is a plurality of              
          sequential video frames of the first video scene as recited in              
          claims 21 and 29 ....”  (Examiner’s Answer at 6.)  He further               
          admits, “the use of several second [sic] of video for                       
          identifying the particular scene is not suggested in                        
          Westland.”  (Id. at 10.)  For its part, although the                        
          reference’s controller 22 collects an “image pair” of frames                
          of a video segment from a video source to a magnetic disk,                  
          col. 21, ll. 6-10, the frames are not sequential.  To the                   
          contrary, the image pair “includes a digitized snapshot of the              
          frames, typically the first and last frames of the segment,                 
          which are employed as the label pair for the segment.”  Id. at              
          10-12.                                                                      
               Faced with this difference, the examiner fails to                      
          identify a suggestion in Izeki, in Mita, or anywhere else in                
          the prior art to modify Westland’s controller to collect video              







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