Ex Parte BAGNI et al - Page 4




             Appeal No. 2004-0907                                                                              
             Application No. 09/192,674                                                                        

             re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).  Since                    
             appellants’ arguments do not show error in the examiner’s findings in support of the              
             rejection, we sustain the rejection of claim 9.                                                   
                   The remainder of the claims (e.g., representative claim 1) recite the additional            
             feature of filtering every occurrence of the first motion vectors to obtain second motion         
             vectors for second objects.  Appellants quote the right column of de Haan at page 373,            
             lines 2 through 9, and submit that, based on that disclosure, it was evident that the             
             reference neither teaches nor suggests the relied-upon feature.                                   
                   Rather than repeating the examiner’s reasonable and extensive findings herein,              
             we refer to the examiner’s position set out in the Answer.  The de Haan reference, at             
             pages 373 and 374, describes a block erosion process that the examiner relates to the             
             operations described in the instant specification.  Contrary to appellants’ implication in        
             the Brief, we do not find any statement in de Haan that the operation referenced in the           
             relevant section “only” eliminates block boundaries from the vector field without blurring        
             contours.                                                                                         
                   The reference section appears not to contain the term “MVPF” (i.e., motion                  
             vector post-filtering).  However, we read the “MVPF” parenthetical in claim 1 as merely           
             a reference to the instant disclosure, and not a limitation from the specification that is to     
             be read into the claim.  Moreover, particularly in light of the examiner’s analysis, it is not    
             seen how the verbal description of the MVPF “filtering” in the specification (at the lower        
             portion of page 4) differs from the operation in the reference applied.                           
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