Ex Parte BAHL et al - Page 6




              Appeal No. 2003-0699                                                                Page 6                
              Application No. 09/169,724                                                                                


              1531 (Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143,                         
              147 (CCPA 1976)).                                                                                         


                     Here, Lane discloses a "[d]igital video tape recorder ('VTR') and servo circuit for                
              supporting the display of images during trick play1 VTR operation."  Abs., ll. 1-2.                       
              Figure 8(a) of the reference "illustrate[s] a block diagram of a video and audio                          
              transmission circuit, according to one embodiment of the present invention, generally                     
              indicated by the reference numeral 100.  The circuit 100 comprises a video                                
              encoder 102, an audio encoder 103, a prioritizer 104, a transport encoder 109, a                          
              channel modulator 110 and a transmitter/antenna 112."  Col. 19, ll. 49-55.  Although the                  
              prioritizer assigns a priority to components of a video signal, we are unpersuaded that                   
              the priority specifies the chronological order in which the components are to be                          
              transmitted.  To the contrary, "[t]he prioritizer 104 . . . implements a prioritization                   
              scheme that is based on the video data's utility to VTR applications such as trick play                   
              operation.  Thus, video data utility is determined as a function of how useful the data is                
              for generating a recognizable and scaleable image which is useable during trick play                      
              operation."  Col. 20, ll. 46-52.                                                                          



                     1"During modes of operation such as playback during reverse or fast forward,                       
              referred to as trick play modes, the tape velocity is different than the tape velocity                    
              during standard record/playback mode."  Lane, col. 2, ll. 46-48.                                          







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