Ex Parte BAKHMUTSKY - Page 5




                 Appeal No. 2003-0435                                                                                   
                 Application No. 09/263,921                                                                             

                 second block in a second picture”, “comparing the pixels with said second                              
                 precision in said second block with pixels in said second precision in all blocks                      
                 disposed within said first search area, thereby producing a plurality of best match                    
                 candidates; and averaging said best match candidates to produce said first                             
                 block”.                                                                                                
                        Independent claim 9 contains the following limitations “ means for                              
                 comparing the pixels with said second precision in a first block in a picture of                       
                 said second type with pixels with said second precision in all blocks located                          
                 within said first search area, there by producing a plurality of best match                            
                 candidates; and means for averaging said best match candidates to produce a                            
                 computed best match.”                                                                                  
                        In determining the scope of these claims we look to the appellant’s                             
                 specification.  We find that block refers to a block of pixels in an image, see page                   
                 9 of appellant’s specification.  Thus, the scope of claims 1, 5 and 9 includes a                       
                 comparison step which yields several matching blocks of pixels in the first image,                     
                 referred to in the claims as “best match candidates”, which correspond to a                            
                 selected block of pixels in the second image.  Further, the claims require that the                    
                 “best match candidate” blocks in the first image are averaged to produce the                           
                 block in the first picture, the claimed “first block” or “computed best match”, which                  
                 corresponds to the selected block, claimed as the “second block”, in the second                        
                 image.  Thus the scope of the independent claims includes the step of                                  


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