Ex Parte PEJHAN et al - Page 3




                 Appeal No. 2003-1617                                                                                  Page 3                     
                 Application No. 09/144,240                                                                                                       


                                  c) transferring the image sequence at said second frame rate by                                                 
                         retrieving stored information of said image sequence in accordance with                                                  
                         said second frame rate, wherein said transferring step transfers the image                                               
                         sequence at said second frame rate by retrieving a stored motion                                                         
                         information of said image sequence encoded at said second frame rate.                                                    


                         Claims 1, 4-7, 9-12, 15, 16, and 19 stand rejected under 35 U.S.C. § 102(e) as                                           
                 anticipated by U.S. Patent No. 5,974,235 ("Nunally").                                                                            


                                                                  OPINION                                                                         
                         Our opinion addresses the claims in the following order:                                                                 
                         •        claims 1, 4, 12, 15, 16, and 19                                                                                 
                         •        claims 5 and 6                                                                                                  
                         •        claims 7 and 9-11.                                                                                              


                                                    A. CLAIMS 1, 4, 12, 15, 16, AND 19                                                            
                         Rather than reiterate the positions of the examiner or the appellants in toto, we                                        
                 focus on the point of contention therebetween.  The examiner "direct[s] . . . attention to                                       
                 Nunally's fig. 126 where in step 2518 an image sequence is being received, and in                                                
                 step 2520, stored to a disk drive at a fist [sic] frame rate 'time lapse' (See Nunally                                           
                 col. 83, lines 16-25).  In step 2522, the same a sequence is being stored at a second                                            
                 frame rate 'full field' in the buffer area (See Nunally col. 83, lines 25-27)."  (Examiner's                                     
                 Answer at 5-6.)  "[N]ot[ing] that data from one sequence is being stored at different rate                                       








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