Ex Parte Briand et al - Page 3



         Appeal No. 2006-1240                                                       
         Application No. 10/075,839                                                 
              Claims 1-3, 8, 9, and 11-14 stand rejected under 35 U.S.C.            
         § 102(e) as being anticipated by Zhu.                                      
              Claims 4-7, and 10 stand rejected under 35 U.S.C. § 103(a) as         
         being unpatentable over Zhu and Avis.                                      
              We make reference to the brief and answer for the respective          
         positions of Appellants and the Examiner.                                  
                                       OPINION                                      
              The main point of contention is based on whether the claimed          
         comparison over two successive images of the number of occurrences         
         of the majority vectors is the same as the comparison of each              
         motion vector with the best vector of Zhu.  The Examiner equates           
         the claimed step of defining the stability of the fields as Step           
         S570 of Zhu (Figure 8) and asserts that the decision is based on a         
         stability parameter from the comparison step S330 (Figure 6) which         
         shows comparing the number of occurrences as the majority voting           
         process with a “THRESHOLD” value (answer, page 3).                         
              Appellants argue that Figure 5 of Zhu relates to a motion             
         vector field of one image and is not the same as the claimed               
         comparing the number of occurrences of majority vectors within two         
         successive images (brief, page 4).  Appellants further contrast            
         the motion vectors in Figure 5 of Zhu as having a single best              
         motion orientation per region R (col. 4, lines 51-60) which is             

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