Ex parte KATO - Page 8




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

          the end points "0" or "1", Sugiyama cannot realize a forward                 
          predictive weighting scheme in which the value of "W" would                  
          have to be "1", or a backward weighting scheme in which the                  
          value of "W" would have to be "0" (i.e., 1-W=1) (Br9-10).                    
               The Examiner states (EA10):  "[T]he whole process of                    
          selecting one from mode 1 to mode 4 depends on the values                    
          (mc-mp), W, and 1-W which provide the two inter picture                      
          distances.  The selecting step cannot be performed without                   
          the two distances and thus is based upon the distances."                     
               Appellant responds to this new rationale by stating                     
          that "Sugiyama's selection of a predictive coding mode is                    
          'based upon' inter picture distances only when the                           
          'bi-directional' mode is selected" (RBr2).  It is argued                     
          that "based upon" as used in the claims should be read as                    
          requiring the consideration of the inter picture distances                   
          for each selectable inter picture coding mode (RBr3-4).                      
               Claim 2 recites "selecting a predictive coding mode                     
          based upon the values of [distance]" (emphasis added).  This                 
          language only requires selecting one ("a") predictive code                   
          mode based on distance, not one of several predictive coding                 
          modes based on distance, as argued.  Because the                             

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