Appeal No. 2003-2031
Application 09/225,193
encoded bit rate is constant within each GOP and is variable
between GOPs as claimed. See pages 5 and 6 of the Examiner’s
answer. The Examiner argues that Lee discloses this limitation
in column 21, lines 32 through 51. See page 6 of the Examiner’s
answer. The Examiner maintains that Lee’s teaching of bit
allocation reads on Appellants’ claimed variable encode bit rate.
See pages 7 and 8 of the Examiner’s answer.
In response, Appellants point out that the accepted meaning
of bit rate in the art is that bit rate is the rate of delivery
of compressed data in units of bits per second, from the encoder
to the receiving device, for example, a decoder buffer. See page
2 of the reply brief. Appellants further point out that the
accepted meaning for bit allocation in the art is the number of
bits allocated to code an individual segment of the input video
to be encoded in order to maintain the bit rate. See page 3 of
the reply brief. Appellants respectively submit that the bit
rate does not equate to the bit allocation. Appellants argue
that Appellants’ claims clearly distinguish over Lee’s teachings.
See pages 3 and 4 of the reply brief.
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