Ex Parte PETERSON et al - Page 3



          Appeal No. 2000-1499                                                        
          Application No. 08/825,474                                                  

               1.  Apparatus for adjusting an encoding parameter of an                
          image encoder to optimize encoder performance comprising:                   
               a perceptual metric generator for determining a perceptual             
          metric using a just noticeable difference map that represents the           
          fidelity of an encoded image, where said perceptual metric is               
          representative of a prediction as to how a human eye would                  
          perceive a reconstructed image of said encoded image; and                   
               an encoder parameter selector, coupled to said perceptual              
          metric generator, for selecting a value for said encoding                   
          parameter in response to said perceptual metric.                            
               The examiner relies on the following references:                       
          Furukawa et al.             4,689,672           Aug. 25, 1987               
          Aravind et al.              5,214,507           May  25, 1993               
          Yamaoka                     5,357,584           Oct. 18, 1994               
          Tabatabai et al.            5,686,964           Nov. 11, 1997               
                         (filed Dec. 4, 1995)                                         
               Claims 1-4, 6-9, 11-14 and 16-18 stand rejected under                  
          35 U.S.C. 103.  As evidence of obviousness, the examiner cites              
          Yamaoka with regard to claims 1-3, 7, 8, 12 and 16, adding                  
          Aravind with regard to claims 4, 9 and 14.  With regard to claims           
          6, 11 and 18, the examiner cites Yamaoka in view of either one of           
          Tabatabai or Furukawa.  Apparently, claims 13 and 17 are intended           
          to be grouped with claims 4, 9 and 14 in being rejected over                
          Yamaoka in view of Aravind.                                                 
               Reference is made to the brief and answer for the respective           
          positions of appellants and the examiner.                                   

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