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 - 8 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007