Appeal No. 2002-0716
Application 09/092,255
so-called expertise’ acquire insulation from accountability.” In
re Lee, 277 F.3d 1338, 1345, 61 USPQ2d 1430, 1435 (Fed. Cir.
2002).
Upon our review of Naimpally, we fail to find any support
for the Examiner’s finding that Naimpally teaches inter-frame
coding as required by Appellants’ claims. Naimpally, teaches
that only intra-framing code techniques are used. See column 5,
lines 10 and 11. Also see column 6, lines 9 through 11. We also
find that Naimpally teaches that a conventional MPEG encoder
which uses motion compensated predictive encoding techniques may
also be used. See column 6, lines 11 through 12. However,
conventional MPEG encoders don’t necessarily have to use intra-
frame coding.
“To establish inherency, the extrinsic evidence ‘must make
clear that the missing descriptive matter is necessarily present
in the thing described in the reference, and that it would be so
recognized by person of ordinary skill.’” In re Robertson, Slip
Op 98-1270 (Fed. Cir. February 25, 1999) citing Continental Can
Co v. Monsanto Co., 948 F.3d 1264, 1268, 20 USPQ2d 1746, 1749
9
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