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, 6Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007