Ex Parte BERGEN et al - Page 6



                    Appeal No. 2003-1967                                                                                                                                  
                    Application No. 08/970,889                                                                                                                            

                    277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002).  With                                                                                     
                    these principles in mind, we commence review of the pertinent                                                                                         
                    evidence and arguments of Appellants and Examiner.                                                                                                    
                              Claims 1-3, 11 and 21-23 stand rejected under 35 U.S.C.                                                                                     
                    § 103 as being unpatentable over Adelson in view of Yeo and                                                                                           
                    Shibata.  We note that claims 1 and 21 are independent claims.                                                                                        
                    Claim 1 is a method for comprehensively representing video                                                                                            
                    information in a manner facilitating indexing of the video                                                                                            
                    information and claim 21 is a computer-readable medium having                                                                                         
                    stored thereon a plurality of instructions, the plurality of                                                                                          
                    instructions including instructions which, when executed by a                                                                                         
                    processor, cause the processor to perform substantially the same                                                                                      
                    steps recited in claim 1.                                                                                                                             
                              Appellants argue that Adelson, Yeo and Shibata, either                                                                                      
                    singly or in combination, fail to disclose or suggest the steps                                                                                       
                    of dividing, using intra-scene motion analysis, at least one of                                                                                       
                    said plurality of scenes into at least one scene foreground layer                                                                                     
                    and a scene background layer, representing each scene background                                                                                      
                    layer as a mosaic, said background layer mosaic defining a key                                                                                        
                    frame of a respective scene; and representing each of said at                                                                                         
                    least one video frame forming said scene as a difference between                                                                                      
                    initial video frame imagery and a respective portion of said key                                                                                      
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