Ex Parte KIM et al - Page 5




          Appeal No. 2002-1961                                                        
          Application No. 09/133,430                                 Page 5           


          representing the frequency domain.  In this type of encoding,               
          differential data is not generally used, and although intra-frame           
          encoding uses data from only one frame, this does not suggest               
          compression coding one field of a frame and then compression                
          coding the other field of the same frame using differential data            
          between the one field and the other field, as required by claim             
          1.  In addition, appellants note (brief, pages 8 and 9) that in             
          Owada, a "picture" can refer to either a frame or a field.                  
          Appellants assert (brief, page 9) that in Owada, if pictures were           
          represented by fields, a partial area of a field would be encoded           
          by using only pixels in the present field and motion compensating           
          operations would be performed in the remaining portion of the               
          same field, where discrimination circuit 106 would select between           
          intra-field coding and inter-field coding in local areas of the             
          remaining portion, i.e., the refresh area of each field would be            
          intra-field encoded and local areas of the other part of the                
          field would be either intra-field encoded or inter-field encoded            
          based upon decisions of the discriminating circuit 106.                     
               We note at the outset that the examiner bears the initial              
          burden of establishing a prima facie case of obviousness in a               
          rejection under 35 U.S.C. § 103(a).  In reaching our decision in            









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