Ex Parte ZHU - Page 8




          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,           


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