Appeal No. 2003-1692
Application No. 09/835,347
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as well
as disclosing structure which is capable of performing the
recited functional limitations. RCA Corp. v. Applied Digital
Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and
Assoc., Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303,
313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
It is the examiner’s position that Yamaguchi anticipates the
instant claimed invention for the reasons set forth on page 4 of
the answer. In particular, the examiner cites column 1, lines
18-25, column 2, lines 53-68, columns 18-19, and column 21, line
59 through column 22, line 18, of Yamaguchi for the claimed
feature of
determining at least one object picture block, the at
least one object picture block being at least one
picture block with at least one object pixel;
performing the step of determining the at least one
object picture block such that a relative position of
an edge of an object picture block of the digitized
picture in relation to the digitized picture
corresponds to a relative position of an edge of an
object picture block of a chronologically preceding
picture in relation to the chronologically preceding
picture...
Appellant’s position is that, contrary to the examiner’s
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