Ex parte KATO - Page 3




          Appeal No. 1999-2018                                                         
          Application 08/571,204                                                       

                    a second step of selecting a predictive coding                     
               mode based upon the values of said first inter picture                  
               distance and said second inter picture distance.                        

               The Examiner relies on the following prior art:                         
               Sugiyama                 4,982,285      January 1, 1991                 
               Wai                      5,347,308   September 13, 1994                 
          (filed October 5,                                                            
          1992)                                                                        
               Claims 1-9 stand rejected under 35 U.S.C. § 102(b) as                   
          being anticipated by Sugiyama.                                               
               Claims 1-9 stand alternatively rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over Sugiyama and Wei.                        
               We refer to the final rejection (Paper No. 7) and the                   
          examiner's answer (Paper No. 13) (pages referred to as                       
          "EA__") for a statement of the Examiner's position, and to                   
          the brief (Paper No. 12) (pages referred to as "Br__") and                   
          the reply brief (Paper No. 14) (pages referred to as                         
          "RBr__") for a statement of Appellant's arguments                            
          thereagainst.                                                                
                                      OPINION                                          
          Grouping of claims                                                           
               Appellant argues two groups of claims to stand or fall                  
          together: (1) claims 1-4 and 6-8; and (2) claims 5 and 9.                    

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