Appeal No. 2002-2041
Application No. 09/764,658
stepsize, a second prediction step, for predicting the
quantization stepsize which is used to code said bitstream
according to a predetermined target bit rate, and a final control
step, for adjusting the stepsize with respect to said target bit
rate, said method including between the analysis and prediction
steps of one iteration, a picture re-arrangement step for
rearranging an order of the picture sequence.
The examiner relies on the following reference:
Legall 5,878,166 Mar. 2, 1999
Claims 1-5, 8 and 9 stand rejected under 35 U.S.C. § 102(e)
as anticipated by Legall.
Reference is made to the brief and answer for the respective
positions of appellants and the examiner.
OPINION
An anticipatory reference is one which describes all of the
elements of the claimed invention so as to have placed a person
of ordinary skill in the art in possession thereof. In re Spada,
911 F.2d 205, 15 USPQ2d 1655 (Fed. Cir. 1990).
We will not sustain the rejection of claims 1-5, 8 and 9
because, in our view, the examiner has failed to identify, in
Legall, each and every claimed element.
Both independent claims 1 and 9 recite a picture re-
arrangement step or operation for rearranging an order of the
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