Ex parte PALM et al. - Page 5




            Appeal No. 1999-1635                                                      
            Application No. 08/892,443                                                


            the teachings of this reference is essential to the                       
            proper operation of the system.  The examiner’s                           
            contentions (paper number 21, page 6) to the contrary                     
            notwithstanding, Butterfield never established “the                       
            independence of the NTSC encoding step in the                             
            stereoscopic encoder.”  Since none of the embodiments                     
            disclosed in Butterfield teaches or suggests the                          
            elimination of the NTSC encoding step, we agree with the                  
            appellants’ argument (brief, page 14) that “[e]ach of the                 
            embodiments illustrated in Butterfield for carrying out                   
            his invention utilizes NTSC encoding.”  “There is no need                 
            to modify it other than to meet Appellants’ claims”                       
            (brief, page 9).                                                          
                 Based upon the foregoing, the obviousness rejection                  
            of claims 17, 23 and 29 through 37 is reversed.                           
                 Turning to claims 3 through 5, we find that the                      
            imaging system teachings of Choquet do not cure the noted                 
            shortcoming in the teachings of Butterfield.  Thus, the                   
            obviousness rejection of claims 3 through 5 is reversed.                  




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