Ex Parte 5253341 et al - Page 86




               Reexamination Control No. 90/005,742                                                                                   
               Patent 5,253,341                                                                                                       

          1    differential encoding on the motion picture signals.  3d Action at 103, para. 42; Final Action at                      
          2    256, para. 41.  Dr. Koopman's argument that "Catros does not specifically provide motivation to                        
          3    combine differential compression with other elements of a Rozmanith-style system,"                                     
          4    2d Koopman Decl. at 194-95, para. 425, appears to be directed to appellant’s disclosure rather                         
          5    than the claimed subject matter.                                                                                       
          6            The rejection of claims 94 and 97 for obviousness over Baji in view of Catros is therefore                     
          7    affirmed as to both claims.                                                                                            
          8    (3)  Claims 94 and 97 – obvious over Baji in view of Sugiyama?                                                         
          9            We agree with the examiner that it would have been obvious to have the compression                             
         10    performed on Baji's motion picture signals by Baji's image encoder 107 take the form of the                            
         11    differential encoding technique disclosed by Sugiyama.  3d Action at 104, para. 44; Final Action                       
         12    at 257, para. 43.  Dr. Koopman's testimony regarding this rejection does not address the merits of                     
         13    combining Sugiyama’s differential encoding with Baji, instead arguing that those references fail                       
         14    to satisfy the limitations of parent claim 93.  2d Koopman Decl. at 196, para. 431 (citing id. at                      
         15    194-95, paras. 425-26). As that argument is unconvincing, the rejection of claims 94 and 97 for                        
         16    obviousness over Baji in view of Sugiyama is     affirmed as to both claims.                                           
         17                                                                                                                           
         18                                                                                                                           
         19            (4)  Claim 99 – obvious over Baji in view of McCalley?                                                         

                                                                                                                                     
                       53   Dr. Koopman's assertion that claim 97 recites "differentially compressed prior to                         
               receipt of said query" is incorrect.  2d Koopman Decl. at 195, para. 426.                                              
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