Appeal No. 2002-0723 Application 08/965,637 II. Whether the Rejection of Claims 4 and 18 Under 35 U.S.C. § 103 is proper? It is our view, after consideration of the record before us, that the evidence relied upon and the level of skill in the particular art would not have suggested to one of ordinary skill in the art the obviousness of the invention as set forth in claims 4 and 18. With respect to claim 4, we note that the Examiner has relied on the admitted prior art solely to teach an H.263 compliant coder and the requirements thereof [answer, page 5]. The admitted prior art in combination with the Yamaguchi et al reference fails to cure the deficiencies of Yamaguchi et al noted above with respect to claim 1. Therefore, we will not sustain the Examiner’s rejection under 35 U.S.C. § 103(a) for the same reasons as set forth above. III. Whether the Rejection of Claims 11-13 and 25-27 Under 35 U.S.C. § 102 is proper? It is our view, after consideration of the record before us, 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007