Appeal No. 2001-2483
Application No. 09/040,561
in Yonemitsu, a comparison is done using estimates, before DCT is
actually performed. The examiner responds (Answer, page 5) that
"[t]he claimed limitation 'DCT result' is broad enough to be
interpreted as an input in selection of the DCT transformation as
opposed to being the transform. The timing of when the DCT
transformation takes place is not disclosed anywhere in the
claims." We disagree with the examiner.
As pointed out by appellant (Reply Brief, page 2), the plain
meaning of the term "result" is the outcome or product of a
process. The plain meaning of the phrase "producing a . . . DCT
result" is executing the transformation to obtain the product
thereof, and adding DCT results and comparing DCT results clearly
refer to adding and comparing the outcomes of the various DCT
processes. Since Yonemitsu does not execute the transformation
until after the optimum coding is selected, Yonemitsu fails to
anticipate the claims. Accordingly, we cannot sustain the
anticipation rejection of claims 2 through 4.
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