Appeal No. 20004-0226
Application No. 09/216,184
1. A system comprising:
a bit rate control system including a source model scaled by an
interest structure to generate a quantization value for use in encoding a
macroblock, the interest structure including an interest matrix having a
plurality of entries, wherein each of the plurality of entries comprises a
non-zero number corresponding to a macroblock, and none of the plurality
of entries takes on a zero value.
The examiner relies on the following references:
Sun et al. (Sun) 5,790,196 Aug. 04, 1998
Azadegan et al. (Azadegan) 5,819,004 Oct. 06, 1998
Claims 1, 3-8, 14-17 and 19-29 stand rejected under 35 U.S.C. §103. As
evidence of obviousness, the examiner offers Azadegan with regard to claims 1, 3, 4, 8,
14-17 and 19-29, adding Sun with regard to claims 5-7.
Reference is made to the briefs and answer for the respective positions of
appellants and the examiner.
OPINION
In rejecting claims under 35 U.S.C. §103, it is incumbent upon the examiner to
establish a factual basis to support the legal conclusion of obviousness. See, In re
Fine, 837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In so doing, the
examiner is expected to make the factual determinations set forth in Graham v, John
Deere Co., 383 U.S. 1, 17, 148 USPQ 459, 467 (1966), and to provide a reason why
one having ordinary skill in the pertinent art would have been led to modify the prior art
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