Appeal No. 2004-2297 Page 10
Application No. 10/196,817
resulting combination would not arrive at the claimed invention,
for the reasons which follow.
From the disclosure of Rosenberg (col. 12, lines 36-44) we
find that “[t]he ObjectMask routine 21 compares the edge pixels
found by Sobel high-pass filter operators 19 to stored intensity
values for each such pixel to generate a background-object mask
that is factored into the current edge map 20 to provide a
foreground edge map 22. Pixels that have not varied in intensity
by more than a threshold amount within a given number of previous
frames are included as background pixels in the object mask used
by the ObjectMask routine 21.” From this disclosure, we agree
with the examiner (answer, page 4) that pixels that are not
varied in intensity by more than a threshold within a given
number of frames are included as background. However, we agree
with appellants that in Rosenberg the detected edges are edges in
video data, not edges of a motion vector field. The examiner
asserts (answer, page 5) that "Rosenberg's teachings are merely
cited for comparing successive video images to distinguish both
background and foreground." However, this is not sufficient to
meet appellants claims because Rosenberg does not disclose
comparing edge locations for motion vector fields. As noted by
the examiner Rosenberg discloses (col. 12, lines 56-59) that
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