Appeal No. 2003-1692
Application No. 09/835,347
compensation process, yet the motion compensation process
described in Yamaguchi is not specific as to the manner in which
object picture blocks are determined. Thus, we would need to
resort to speculation to conclude that Yamaguchi’s motion
compensation process includes a relative position of an edge of
an object picture block with respect to the whole picture
corresponding to a relative position of an edge of an object
picture block with respect to a chronologically preceding
picture.
A finding of anticipation under 35 U.S.C. § 102(e) may not
be based on speculation.
Since we find no evidence, in Yamaguchi, of each and every
element of the claims in issue, either expressly described or
under principles of inherency, we will not sustain the rejection
of claims 1-19 under 35 U.S.C. 102(e).
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