Ex Parte BERGEN et al - Page 8



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

                    1, lines 11-13.  Also, we fail to find that Shibata teaches this                                                                                      
                    limitation.  Shibata is concerned with a component-based scene                                                                                        
                    description model for computerizing linguistic descriptions                                                                                           
                    written by the director and a method for extracting a content-                                                                                        
                    based hierarchical structure for video sequences based on this                                                                                        
                    model.  See Shibata, page 330.  However, Neither Yeo nor Shibata                                                                                      
                    teach combining or mosaicing layers from a plurality of image                                                                                         
                    frames within a scene to form a combined or mosaiced background                                                                                       
                    layer as recited in Appellants' claims.                                                                                                               
                              Claims 4-8 and 24-26 stand rejected under 35 U.S.C. § 103 as                                                                                
                    being unpatentable over Adelson in view of Yeo, Shibata and                                                                                           
                    Jaillon.  Claims 9 and 10 stand rejected under 35 U.S.C. § 103 as                                                                                     
                    being unpatentable over Adelson in view of Yeo, Shibata and                                                                                           
                    Barber.  Claims 13 and 14 stand rejected under 35 U.S.C. § 103 as                                                                                     
                    being unpatentable over Adelson in view of Yeo, Shibata and                                                                                           
                    Zhang.  Claims 25 and 26 stand rejected under 35 U.S.C. § 103 as                                                                                      
                    being unpatentable over Adelson in view of Yeo, Shibata and                                                                                           
                    Jaillon.  We note that these claims are dependent claims on                                                                                           
                    either independent claim 1 or independent claim 21.  Furthermore,                                                                                     
                    we note that the Examiner has relied on the combination of                                                                                            
                    Adelson, Yeo and Shibata for teaching the above limitations.                                                                                          

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