Appeal No. 2003-1617 Page 9
Application No. 09/144,240
reference's capturing and storing video data fields at different field rates necessitates
encoding an image sequence and motion information of the image sequence at different
frame rates. Therefore, we reverse the anticipation rejection of claim 5 and of claim 6,
which depends therefrom.
C. CLAIMS 7 and 9-11
The examiner asserts that Nunally discloses "a motion information code field
(See Nunally col. 83, lines 13-21), and a presence of motion information field (The
alarm data as disclosed in Nunally provides the presence of motion information)."
(Examiner's Answer at 7.) The appellants argue, "[t]his duality of separate data fields is
simply not disclosed in the newly cited section in Nunally. . . ." (Reply Br. at 5.)
1. Claim Construction
Claim 7 recites in pertinent part the following limitations: "[a] data structure stored
on a computer readable medium comprising . . . a motion information field; and a
presence of motion information field." Accordingly, the claim requires that a data
structure include a motion information field and a presence of motion information field.
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