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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