Ex Parte SONG et al

Board of Patent Appeals and Interferences

Dec 11, 2002

09106707 (B.P.A.I. Dec. 11, 2002)

The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.
Paper No. 14
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte XUDONG SONG,
TIHAO CHIANG,
YA-QIN ZHANG,
and
RAVI KRISHNAMURTHY
__________
Appeal No. 2001-0927
Application No. 09/106,707
__________
ON BRIEF
__________
Before THOMAS, HAIRSTON, and JERRY SMITH, Administrative Patent
Judges.
HAIRSTON, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims
1 through 20.
The disclosed invention relates to a method and an apparatus
for performing motion estimation for a sequence of images.
Claim 1 is illustrative of the claimed invention, and it
reads as follows:
Appeal No. 2001-0927
Application No. 09/106,707
2
1. A method for performing motion estimation for a
sequence of images, said method comprising the steps of:
(a) generating an M-ary pyramid having a plurality of
levels for each of said images, where each image is divided
into a plurality of blocks;
(b) generating a plurality of motion vectors based on a
plurality of tiling block sizes; and
(c) passing at least one of said motion vectors for
each of said blocks to a lower level of said M-ary pyramid.
The reference relied on by the examiner is:
Lee et al. (Lee), “A Fast Hierarchical Motion-Compensation Scheme
for Video Coding Using Block Feature Matching,” IEEE Transactions
on Circuits and Systems for Video Technology, 6(6), pp. 627-35
(Dec. 1996).
Claims 1 through 20 stand rejected under 35 U.S.C. § 102 as
being anticipated by Lee.
Reference is made to the brief (paper number 11) and the
answer (paper number 12) for the respective positions of the
appellants and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will reverse the rejection of claims 1 through 20.
According to the examiner (answer, page 3):
Lee et al. clearly provides for generating an M-ary
pyramid as clearly illustrated in figure 2. This
pyramid has a plurality of levels, what Lee et al. call
layers, as indicated in figure 2. Also shown in figure
2 is different tiling blocks which have different
Appeal No. 2001-0927
Application No. 09/106,707
3
sizes, such as 8 by 8, 2 by 2, and 4 by 4. The
plurality of motion vectors are generated based on
these plurality of tiling blocks, as discussed on page
629, right column, lines 6-18.
Figure 2 of Lee discloses a reduced-mean pyramid
representation for an 8 x 8 block with three layers (page 629,
left column). Although we agree with the examiner that the three
layers may be considered a plurality of levels as broadly set
forth in the claims on appeal, we do not, however, agree with the
examiner that this same mean pyramid has a plurality of tiling
blocks, that motion vectors are generated based on such tiling
blocks, and that at least one of the motion vectors for each
block is passed to a lower level of the M-ary pyramid as claimed.
There is a complete absence of evidence or a convincing line of
reasoning in the record to support the examiner’s conclusions
concerning the teachings of Lee. The rejection of record must be
“based on objective evidence of record,” and not the examiner’s
“subjective belief and unknown authority.” In re Lee, 277 F.3d
1338, 1343-44, 61 USPQ2d 1430, 1433-34 (Fed. Cir. 2002).
Accordingly, the 35 U.S.C. § 102 rejection is reversed.
Appeal No. 2001-0927
Application No. 09/106,707
4
DECISION
The decision of the examiner rejecting claims 1 through
20 under 35 U.S.C. § 102 is reversed.
REVERSED

JAMES D. THOMAS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
KENNETH W. HAIRSTON ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
JERRY SMITH )
Administrative Patent Judge )
KWH:hh
Appeal No. 2001-0927
Application No. 09/106,707
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