Ex Parte Francois et al - Page 8

                Appeal 2007-1301                                                                                 
                Application 09/924,322                                                                           
                       Independent claim 8 contains a limitation differently worded from that                    
                of the previous claims.  Claim 8 addresses a process for format conversion                       
                of an image sequence “wherein, in the case where the complementary data                          
                pertaining to a pixel group and to a given resolution have zero value, this                      
                pixel group for the converted image of given resolution is obtained from a                       
                group of converted pixels of the image of lower resolution.”  (Emphasis                          
                added.)  The limitation of copying a pixel group of a preceding image is not                     
                present; instead it was replaced by the broader “is obtained from” limitation,                   
                which only requires some connection to the converted pixels.  As mentioned                       
                in the Specification, page 12, line 17+, this resolution mode may be viewed                      
                as inter coding mode.  The Examiner states that in Chen (Answer 17, top)                         
                when the converter 300 (Figure 3) is analyzed, the converted image “is                           
                obtained from” the converted pixels as the converted pixels are fed back and                     
                influence the conversion process.  We do not find error in that reasoning,                       
                and we thus find that the rejection of Claim 8 is supported by the cited prior                   
                art.                                                                                             
                       Claim 4 was rejected separately from claims 1 to 3 and 5 to 8, under                      
                35 U.S.C. § 103 (a), for being obvious over Chen and Lin in view of Kato.                        
                Kato is cited for teaching that the coding mode is determined from the                           
                “skipped macroblock” or “uncoded” mode.  (Answer 26, middle.).                                   
                However, claim 4 is dependent on claim 1, and is subject to the limitation of                    
                “performed by a copy of a preceding image”.  Thus for the same reasons                           
                expressed with regard to claim 1, we do not find that the Chen reference                         
                supports the rejection.                                                                          





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