Appeal No. 2004-0042
Application 09/368,380
or more other portion [sic] of the image sequence is
indeed present in Tekalp. Elements of the dense motion
field are areas within that field. In response to
dense motion vectors, that is to say an area containing
many vectors that are similar in direction and
magnitude, Tekalp constrains the areas containing these
vectors by grouping them together into separate
sections. See column 8 lines 1-33. Therefore, each
section or element of the dense motion field is
characterized by the motion vectors constrained to that
particular area. An area marked off by a polygon is a
constrained mathematical function.
Appellants do not distinguish the claimed elements and
portions of representative claims 1 and 11 on appeal versus the
teachings relied upon by the examiner in Tekalp. There is
nothing recited in these independent claims that distinguishes
the claimed “constrained function” to limit the examiner’s
consideration and to be synonymous with a constrained area as
defined by the examiner in the Answer. It appears to us that the
claimed “element” would be well appreciated by the artisan as
claiming in general terminology a conventional pixel in the video
arts and certainly a dense motion vector (DMV) in Tekalp relates
to pixel relationships. The shape adaptive triangular patch mesh
model not only relates to an area defined/constrained function to
the extent claimed, but also the explanation thereof and the
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