Ex parte KATO - Page 13




          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                  

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