Appeal No. 1999-2018
Application 08/571,204
residuums of claim 4 as the first and second inter picture
distances, respectively, of claim 2. However, claim 4 is
not at issue as argued.
Because Sugiyama uses the forward prediction error and
the backward prediction error (corresponding to Appellant's
Ef and Eb), which are a measure of distance, to select a
predictive coding mode, Sugiyama anticipates the first and
second steps of claim 2. No other differences have been
argued. See 37 CFR § 1.192(c)(8)(iii). For this additional
reason, the anticipation rejection of claims 1-4 and 6-8 is
sustained.
Obviousness
The Examiner states that when Sugiyama is read
narrowly, it may not show the use of motion compensation and
motion vector estimation and applies Wai (EA7). Appellant
argues that Wai does not cure the deficiency of Sugiyama
with respect to the step of selecting a predictive coding
mode based upon inter picture distance values in claim 2
(Br12-13).
Because Appellant does not argue any limitation in
claim 2 other than the step of selecting a predictive coding
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