Ex parte KATO - Page 17




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

          mode ..., and a bidirectional predictive coding mode."                       
          Claim 5 does not require selecting each of the three modes                   
          based on distance.  That is, claim 2 as modified by claim 5                  
          only requires selecting one of the three possible predictive                 
          coding modes in claim 5 based on distance, which is                          
          anticipated by Sugiyama for the reasons discussed in regard                  
          to claim 2.                                                                  
               Assuming, arguendo, that claim 5 is interpreted to                      
          require selection of each of the three predictive coding                     
          modes based upon distance, under our interpretation of                       
          "distance" as broad enough to read on the forward and                        
          backward estimation error values in Sugiyama, which are used                 
          to select each of the three predictive coding modes listed                   
          in claim 5, the subject matter of claim 5 is anticipated.                    
               For the reasons stated above, the anticipation                          
          rejection of claims 5 and 9 is sustained.                                    

               Obviousness                                                             
               Appellant does not argue any limitation in claim 5                      
          other than the step of selecting one of the three predictive                 
          coding modes based on distance, which has been discussed in                  
          the anticipation rejection of claim 5.  Thus, we do not need                 
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