Ex Parte Lan et al - Page 9




          Appeal No. 2004-1689                                                        
          Application 09/912,132                                                      

          patent, col. 10, lines 29-33), i.e., 4(4/4): 3(3/4) = 16:9, so              
          the process can be reversed by up-sampling the vertical by 4/3.             
          The color difference blocks can also be up-sampled, e.g., from              
          4:2:0 to 4:2:2.  However, while there is up-sampling in                     
          Campisano, it is only to change the aspect ratio and not to                 
          up-sample the resolution "to the first resolution" as required by           
          all of the independent claims 1 and 10-12.  There is no                     
          motivation in Campisano to up-scale back to a first resolution.             
          Accordingly, we conclude that the examiner has failed to                    
          establish a prima facie case of obviousness as to the independent           
          claims.  Vetro does not cure the deficiencies of Choi and                   
          Campisano with respect to the rejection of the independent                  
          claims.  Therefore, the rejection of claims 1-12 is reversed.               
                                      REVERSED                                        



                         LEE E. BARRETT                )                              
                         Administrative Patent Judge   )                              
                                                       )                              

                                                       ))  BOARD OF PATENT            
                         HOWARD B. BLANKENSHIP         )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )   INTERFERENCES              
                                                       )                              
                                                       )                              
                         ROBERT E. NAPPI               )                              
                         Administrative Patent Judge   )                              


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