Ex Parte BERGEN et al - Page 7



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

                    frame as recited in Appellants' claims 1 and 21.  In particular,                                                                                      
                    Appellants argue that the references fail to teach combining or                                                                                       
                    mosaicing layers from a plurality of image frames within a scene                                                                                      
                    to form a combined or mosaiced background layer.  See pages 16-22                                                                                     
                    of the brief.                                                                                                                                         
                              Upon our review of Adelson, Yeo and Shibata, we fail to find                                                                                
                    that the Examiner has made a prima facie case showing that the                                                                                        
                    above limitations are taught by these references.  Adelson                                                                                            
                    teaches a technique which operates on the principle that a still                                                                                      
                    or moving image can be broken down into a plurality of layers.                                                                                        
                    For instance, an image of a baseball player chasing a flyball                                                                                         
                    might comprise three layers; 1)a stationary background (i.e., the                                                                                     
                    field, 2)the baseball player, and 3)the baseball.  See column 4,                                                                                      
                    lines 16-26.  However, we fail to find that Adelson teaches or                                                                                        
                    suggests representing each scene background layer as a mosaic                                                                                         
                    where the background layer mosaic defines a key frame of a                                                                                            
                    representative scene.  Thus, Adelson does not teach combining or                                                                                      
                    mosaicing layers from a plurality of image frames within a scene                                                                                      
                    to form a combined or mosaiced background layer.                                                                                                      
                              Furthermore, we fail to find that Yeo teaches this                                                                                          
                    limitation as well.  Yeo is concerned with automating the                                                                                             
                    browsing process for browsing of video material.  See Yeo, column                                                                                     
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