Appeal No. 1998-2557 Application No. 08/335,550 2) appellant argues that Gerard has no teaching regarding the use of the number of non-zero quantized transform signal differences and the number of non-zero quantized transform signals [brief, pages 5-7]. The examiner responds that appellant’s arguments regarding the differences between an a priori scheme and an a posteriori scheme are not relevant to the scope of the claimed invention. The examiner also responds that notwithstanding appellant’s arguments in the brief, the claimed encoding scheme reads on the encoding scheme disclosed by Gerard [answer, pages 5-8]. Although we agree with the examiner that appellant’s first argument noted above is not limited to the invention as claimed and is, therefore, not persuasive, we do not agree with the examiner’s position in response to appellant’s second argument noted above. It is clear that Gerard makes no mention whatsoever of the number of non-zero quantized transform signal differences, the number of non-zero quantized transform signals, and the encoding of a block of data based on the relationship of these numbers. Therefore, the examiner’s rejection on anticipation is fundamentally based on 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007