Appeal No. 2001-0927
Application No. 09/106,707
sizes, such as 8 by 8, 2 by 2, and 4 by 4. The
plurality of motion vectors are generated based on
these plurality of tiling blocks, as discussed on page
629, right column, lines 6-18.
Figure 2 of Lee discloses a reduced-mean pyramid
representation for an 8 x 8 block with three layers (page 629,
left column). Although we agree with the examiner that the three
layers may be considered a plurality of levels as broadly set
forth in the claims on appeal, we do not, however, agree with the
examiner that this same mean pyramid has a plurality of tiling
blocks, that motion vectors are generated based on such tiling
blocks, and that at least one of the motion vectors for each
block is passed to a lower level of the M-ary pyramid as claimed.
There is a complete absence of evidence or a convincing line of
reasoning in the record to support the examiner’s conclusions
concerning the teachings of Lee. The rejection of record must be
“based on objective evidence of record,” and not the examiner’s
“subjective belief and unknown authority.” In re Lee, 277 F.3d
1338, 1343-44, 61 USPQ2d 1430, 1433-34 (Fed. Cir. 2002).
Accordingly, the 35 U.S.C. § 102 rejection is reversed.
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