Appeal No. 1999-2018 Application 08/571,204 of the non-intra modes is selected. The forward predictive mode has a larger area and is more likely to be selected when the B-picture is closer in distance to the past reference picture (Fig. 11A, Df=1) and the backward predictive mode has a larger area and is more likely to be selected when the B-picture is closer in distance to the future reference picture (Fig. 11B, Db=1) (specification, pp. 24-25). However, the details of the disclosed method are not claimed. Our interpretation of distance as the motion vector estimation error Ef or Eb is consistent with claim 4. Claim 4 recites that the step of selecting a predictive coding mode based upon the values of the first inter picture distance and the second inter picture distance uses a forward motion vector estimation residuum and a backward motion vector estimation residuum, which correspond to Ef and Eb. Claim 4 does not recite that a distance value is used in addition to the motion vector estimation residuums and does not recite selecting different stored curves for selecting a predictive coding mode. Thus, it is fair to interpret the forward and backward motion vector estimation - 13 -Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 3, 2007