Reexamination Control No. 90/005,742
Patent 5,253,341
1 56. Bridges does the opposite of what the examiner states.
2 Bridges teaches that using differential compression for real-time
3 compression of query responses is impractical when attempting to
4 compress while transmitting. Specifically Bridges page 13 [i.e., the last
5 page] states:
6
7 "If you are willing to sacrifice image quality for fast motion, you
8 can still have crystal clear images – if you can sit still long enough.
9 . . .
10 Note, the key phrase here is 'sit still,' which shows we have a long
11 way to go until video phones are as common as FAX machines.
12
13 Thus Bridges is saying that differential compression is so hopelessly slow
14 that it would be unrealistic to use it for a system such as that taught by
15 Rozmanith. Thus, Bridges teaches away from Rozmanith. In addition,
16 videophone-quality compression is unsatisfactory for query/response data
17 such as AV data used for marketing purposes because of its generally low
18 visual quality.
19
20 1st Koopman Decl. at 29, para. 56. In his second declaration, Dr. Koopman explains he was not
21 arguing that Bridges is non-enabling but rather that Bridges teaches away from appellant’s
22 disclosure of using Bridges's DFF compression technique to compress AV data. 2d Koopman
23 Decl. at 138-39, para. 296. The examiner refused to give weight to this testimony on the ground
24 that it contradicts Dr. Koopman's earlier testimony and he has not satisfactorily explained the
25 change in his testimony. Final Action at 173, para. 296; Answer at 180, para. 296 (adding
26 citation of In re Ruff, 256 F.2d 590, 118 USPQ 340 (CCPA 1958)).
27 We are reversing the § 112 rejection, because we do not consider Dr. Koopman's initial
28 testimony to be an admission of non-enablement. In the first place, the passages Dr. Koopman
29 quoted from Bridges do not apply to communications over a fiber-optic cable network, one of
30 the transmission media disclosed in the '341 patent (element 26 in Fig. 1) and encompassed by
31 the rejected claims, which do not specify any particular type of transmission medium. Nor does
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