Ex Parte De Haan et al - Page 11



         Appeal No. 2004-2297                                      Page 11          
         Application No. 10/196,817                                                 

         “[s]pecifically, GME calculates displacements for frame sequences          
         as frame-to-frame displacements in the tracking data calculated            
         for each frame.  GME then adjusts the coordinate axes of                   
         succeeding frames to overlay the tracking data derived from                
         earlier frames.”  However, as asserted by appellants (brief, page          
         7) “there is no detecting of edges in the motion vector field and          
         the comparing of (these) edge locations in successive field                
         periods to identify foreground and background.”  Although                  
         Rosenberg additionally discloses that the optional GME would be            
         useful in systems having portable cameras or zoom to correct for           
         the large image displacements they produce (col. 12, lines 23-27           
         and 52-55), we find no disclosure that the ObjectMask routine 21           
         would utilize detected edges in successive motion vector field             
         periods to identify both background and foreground, as Rosenberg           
         discloses that 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.                                         
              From all of the above, we find that even if we combined the           
         teachings of Brailean and Rosenberg, the resultant combination             
         would fall short of the claimed invention.  Accordingly, we find           
         that the examiner has failed to establish a prima facie case of            







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