Ex parte KIM - Page 6




          Appeal No. 96-3211                                                            
          Application 07/928,717                                                        
          subtracting a delayed luminance signal from an input luminance                
          signal.  (3:64-4:18.)                                                         
          C.   Other findings                                                           
               15. The references reflect the level of skill in the art at              
          the time of invention.  Chore-Time Equip., Inc. v. Cumberland,                
          713 F.2d 774, 779, 218 USPQ 673, 676 (Fed. Cir. 1983).  Applicant             
          has not, on appeal, urged an alternative level of skill.                      
               16. On appeal, Applicant has not presented any evidence of               
          secondary considerations supporting patentability.                            
                                  CONCLUSIONS OF LAW                                    
          A.   Claim interpretation                                                     
               1.   Claim 10 is not written in step-plus-function language.             
               2.   Claims 1-9 and 12-20 are written in means-plus-function             
          language.  Applicant has not directly challenged the equivalence              
          of structures in the references except as specifically noted in               
          this opinion.                                                                 
          B.   Grouping of claims                                                       
               3.   Applicant states that each of the claims on appeal are              
          argued separately and consequently stand or fall separately.                  
          (Paper 33 at 7.)  Our review of Applicant's briefs indicates that             
          the following groupings are argued separately with at least some              
          specificity:  1; 2-4; 5, 6 and 9; 7; 8; 10; 12; 13, 14, and 17;               



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