Ex Parte SCHEURICH et al - Page 4




              Appeal No. 2004-0130                                                                                      
              Application No. 09/083,601                                                                                

              operation,” when a fixed transmission frame rate (e.g., 20 frames per second) is of a                     
              higher priority than resolution per frame.  Col. 5, ll. 4-19.                                             
                     Appellants submit that Thro fails to teach or suggest, as recited in instant claim                 
              19, determining whether it is possible to transmit data that is associated with a                         
              requested image parameter at a requested frame rate, and, if not, adjusting the image                     
              parameter and transmitting the data.  That, however, is what Thro teaches to one                          
              skilled in this art.                                                                                      
                     Thro notes that transmission frame rate and resolution per frame are inversely                     
              related (e.g., col. 6, ll. 31-32).  Thro also provides numerical examples of the tradeoff                 
              (e.g., col. 11, ll. 16-45).  Thro’s disclosure conveys to the artisan that when, for                      
              example, video control server 104 determines that the communications bandwidth                            
              cannot support the default (relatively high) frame rate in combination with the default                   
              (relatively high) resolution of a particular video device, the system lowers the resolution               
              to support a desired frame rate.  The “first mode” of operation sets the desired frame                    
              rate; the system may lower, accordingly, the resolution per frame to remain within the                    
              fixed bandwidth of the communication resources.  The reference provides particular                        
              examples (Fig. 4; col. 10, l. 32 - col. 11, l. 45) of a communication device allocating the               
              bandwidth shared by multiple video devices, by setting frame rate and resolution of                       
              each video device, to remain within the fixed bandwidth of the communication device.                      
              The communication device may thus adjust (e.g., reduce) an image parameter (e.g.,                         
              resolution) of a first video device if the communication device determines that the                       
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