Ex Parte TAKISHIMA et al - Page 6



         Appeal No. 2002-0745                                                       
         Application 08/893,379                                                     

         noted that the invention of claims 1 and 13 relates to tandem              
         stage coding in which the stages execute the process separately            
         and sequentially.  The coding process of Murakami does not relate          
         to tandem stage coding of this type.  Second, the later stage              
         coding process must estimate at least one coding parameter used            
         in the previous stage coding process in accordance with picture            
         properties of the video signal coded by the previous stage coding          
         process.  The process of Murakami uses the actual coding                   
         parameters and measurements of motion in one frame of information          
         to code subsequent frames of information.  Thus, as noted by               
         appellants, Murakami relies on actual data from previous                   
         calculations to code subsequent frames of data.  Although the              
         coding in Murakami may not be completely accurate, each stage of           
         calculation in Murakami relies on the actual data from a previous          
         stage of calculation rather than an estimate of a coding                   
         parameter used in the previous stage of calculation.  Therefore,           
         we agree with appellants that Murakami does not disclose every             
         feature recited in claims 1 and 13.                                        
         We now consider the various rejections under 35 U.S.C.                     
         ' 103.  In rejecting claims under 35 U.S.C. ' 103, it is                   
         incumbent upon the examiner to establish a factual basis to                
         support the legal conclusion of obviousness.  See In re Fine,              
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