Ex Parte DE HAAN et al - Page 5




          Appeal No. 2003-1085                                                        
          Application No. 09/190,670                                                  

          requirement to one of ordinary skill in the art.                            
               We therefore conclude that the method claimed in the                   
          appellants’ claim 1 would have been obvious to one of ordinary              
          skill in the art within the meaning of 35 U.S.C. § 103.                     
          Accordingly, we affirm the rejection of that claim and claim 3              
          that stands or falls therewith.1                                            
                                       Claim 4                                        
               In the direct mode, Suzuki can receive always at least one             
          motion-compensated predictively encoded B-picture from a                    
          transmission or recording medium without receiving motion vectors           
          or motion parameters corresponding to the frame, and motion-                
          compensated predictively encode (and, necessarily, decode) that             
          frame using motion vectors between a preceding pair of frames               
          (col. 1, lines 9-21; col. 38, lines 9-12).                                  
               The appellants argue that “the direct mode of Suzuki et al.            
          is not always applied.  Thus, it is evident that Suzuki et al.              
          also does not meet the feature of either ‘decoding or receiving             
          always at least one motion-compensated predictively encoded frame           
          without receiving motion vectors or motion parameters                       
          corresponding to the frame’, as required by claims 4 and 7-8"               
          (brief, page 5).                                                            

               1 We need not address Yamashita because it is merely                   
          cumulative.                                                                 
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