Ex parte MCLAINE et al. - Page 5




           Appeal No. 1999-1892                                                  
           Application No. 08/883,157                                            


           10, lines 59-62).”  When the referenced portion of                    
           Butterfield is read in context with the preceding paragraphs          
           in column 10, it is quite clear that the non-NTSC                     
           applications mentioned by the examiner occur after the                
           encoder 4 has performed NTSC/matrixing functions.  The                
           examiner’s contentions (paper number 21, page 3) to the               
           contrary notwithstanding, Butterfield never states that the           
           “stereoscopic encoder superimposes the images for 3-D image           
           construction, and then performs the NTSC coding.”  Nothing            
           in Butterfield teaches or would have suggested that “[t]he            
           control computer would inherently enable one of skill in              
           [the] art to suspend NTSC coding in the stereoscopic encoder          
           (Butterfield: column 22, lines 48-60) for effecting the               
           production of a 3-D image for the non-NTSC imaging                    
           applications (Butterfield: column 10, lines 59-62)” (paper            
           number 21, page 3).  Since none of the embodiments disclosed          
           in Butterfield for combining colors in the manner set forth           
           in the claims on appeal separates out the combining function          
           from the NTSC encoder/matrixing function in encoder 4                 
           (Figures 1, 2, 6A and 16), we agree with the appellants’              
           argument (brief, pages 7 and 9) that it would not have been           
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