Ex parte WALKER - Page 5




          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              


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