Appeal No. 20004-0226
Application No. 09/216,184
teaches that only non-zero entries be permitted in the interest matrix and, since
Azadegan permits zero entries, it cannot be said to suggest using only non-zero
entries.
We also note that it is more than a mere design choice as to the exclusion of
zero entries from the interest matrix, as appellants explain, at page 5 of the
specification, that an “important aspect of the interest matrix is that the elements should
not assume a value of zero, to avoid persistent artifacts in the macroblocks.”
Independent claims 14 and 21 are clear that only non-zero values may be
included in the interest matrix. Therefore, we will not sustain the rejection of these
claims, and the claims dependent thereon, under 35 U.S.C. §103.
We take a different approach with regard to independent claim 1. This claim
recites an interest structure including an interest matrix having a plurality of entries and
that each of the plurality of entries “comprises a non-zero number . . . and none of the
plurality of entries takes on a zero value.” The claim does not state that only non-zero
values are permitted or that no zero entry can ever be permitted.
As the examiner points out, Figure 21 of Azadegan does show an example, or an
embodiment, wherein no entry in the interest matrix is zero. Region 466 has a value of
-5; region 469 has a value of +2; region 470 has a value of +4. Accordingly, at least
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