Appeal No. 2002-1133
Application No. 09/186,754
The examiner maintains that the “displacement estimator and motion
compensating predictor of Girod provides and performs the same functions as the
preprocessor as claimed, and as such anticipates the claimed limitations.” (See answer
at page 7.) With respect to the high precision fractional value and specified constants,
the examiner maintains the fraction shift value calculation is being met by the further
vector refinement of Girod. (See answer at page 7.) From our review of the disclosure
of Girod, we do not find any discussion of high precision fractional values and constants
which would provide the recited functional limitations as recited in independent claim 1.
Additionally, we find no discussion of a preprocessor structure for processing of an
image for input to a compression encoder. Here, the examiner has relied upon the
structure disclosed in Girod as the compression encoder to teach the recited
functionalities of the preprocessor structure as recited in the language of independent
claim 1. While the examiner indicates that the fractional pel-accuracy is the
corresponding structure to the claimed “means for determining a spatial shift between a
current image from an input video signal and a reference image from the input video
signal, the spatial shift having an integer value and a high precision fractional value”
and the “means for calculating from the high precision fractional value and specified
constants a fractional shift value,” we find no express disclosure of structure to carry out
the recited functions, and we do not find that these functions would necessarily be
inherent in the disclosure of Girod. Therefore, we disagree with the examiner’s finding
that the “displacement estimator and motion compensating predictor of Girod provides
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