Ex parte KATO - Page 10




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

               Appellant argues that "unlike the present method of                     
          claim 1 which selects a predictive coding mode based upon                    
          the values of the first and second inter picture distances,                  
          Sugiyama selects a prediction option based on the lowest                     
          prediction error" (Br8).                                                     
               We interpret the "inter picture distances" in claim 2                   
          as broad enough to read on the forward and backward                          
          estimation error values in Sugiyama which are used to select                 
          the three predictive coding modes.  Claim 2 does not define                  
          "distance" as a count of the number of pictures from a past                  
          or future reference picture.  Therefore, while Appellant's                   
          invention, as disclosed, is different from Sugiyama, claim 2                 
          is so broad that it is anticipated by Sugiyama for this                      
          additional reason.                                                           
               Appellant's specification defines the forward                           
          prediction error (motion vector estimation error between a                   
          B-picture and a past reference picture) as Ef, and the                       
          backward prediction error (motion vector estimation error                    
          between a B-picture and a future reference picture) as Eb                    
          (specification, p. 6), where Ef and Eb are a measure of the                  
          correlation degree; the smaller the number, the greater the                  

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