Appeal No. 1999-2018 Application 08/571,204 Claims 5 and 9 Anticipation Appellant argues that claim 5 requires a predictive coding mode to be chosen from among three possible predictive coding modes based upon the values of the first and second inter picture distances and that, by contrast, the option 1 arrangement of Sugiyama merely uses a single bidirectionally predictive coding mode (Br14). As previously discussed, we do not agree with the Examiner's claim interpretation that selection of the forward predictive coding mode and the backward predictive coding mode in Sugiyama are "based upon" inter picture distances just because the bidirectionally predictive coding mode uses distances. Nevertheless, it does not appear that claim 5 requires selection from among a plurality of predictive coding modes based on distance. Claim 2 recites "selecting a predictive coding mode based upon the values of [distance]" (emphasis added), which only requires selecting one ("a") predictive code mode based on distance. Claim 5 recites that "said predictive coding mode includes a forward predictive coding mode ..., a backward predictive coding - 16 -Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 3, 2007