Appeal No. 2002-1777 Page 7
Application No. 08/953,219
combination of the reference's MPEG-encoded data and its JPEG-encoded data as
teaching the claimed reorganized sections of data. (Examiner's Answer at 3-4.) More
specifically, he asserts that the reference's reorganization is performed by the
"Temporal Decoder" described in columns 47 and 48 of Sotheran. (Id. ("[T]emporal
decoder does reorganize or reorder MPEG encoded data."))
Although the reference's Temporal Decoder does reorganize Sotheran's MPEG-
encoded data, the examiner fails to show that the Temporal Decoder reorganizes its
JPEG-encoded data. To the contrary, he admits that it does not. (Id. at 3 ("Note that
temporal decoder as shown in the cited passages does not decode JPEG-encoded
data. . . .").) The first passage of the reference cited by the examiner confirms his
admission. Specifically, it discloses that "the Temporal Decoder is not required to
decode-JPEG encoded video. Accordingly, signals . . . pass directly through the
Temporal Decoder without further processing when the Temporal Decoder is configured
for JPEG operation." Col. 47, ll. 16-20. The absence of such a showing negates
anticipation. Therefore, we reverse the anticipation rejection of claim 1 and claims 2-4
and 6-15, which depend therefrom; of claim 16 and claims 17 and 21-27, which depend
therefrom; and of claim 29 and claim 30, which depends therefrom.
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