Ex Parte Fert et al - Page 3




          Appeal No. 2002-2041                                                        
          Application No. 09/764,658                                                  


          picture sequence.  The examiner points to Legall’s teaching of              
          the starting of a new group of pictures (GOP), e.g., at column              
          11, lines 15 et seq., as an indication that a picture                       
          rearrangement has taken place.                                              
               However, even if the start of a new GOP may be considered              
          as a rearrangement of the order of a picture sequence, the                  
          instant claims do not require this rearrangement in a vacuum.               
          Rather, the picture rearrangement step or operation must take               
          place “between the analysis and prediction steps of one                     
          iteration” (claim 1) or “between the coding operation and the               
          prediction operation” (claim 9).                                            
               The examiner points us to Figure 8 of Legall, wherein step             
          200 is said to correspond to the claimed “analysis” step, steps             
          202-212 are said to correspond to the claimed “prediction step”             
          and step 214 is said to correspond to the claimed “final control            
          step.”  The examiner’s analysis is erroneous in only one aspect.            
          That is, there is no picture rearrangement step shown or                    
          disclosed by Legall between the analysis and prediction steps.              
          As depicted in instant Figure 4, while the analysis, prediction             
          and final pass steps may be conventional, appellants’                       
          contribution is to include the picture rearrangement step 42,               
          comprised of various substeps, between the analysis and                     

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