Ex parte ABT et al. - Page 5




          Appeal No. 95-0840                                                          
          Application 08/029,343                                                      


          lead us to conclude that the artisan would have been in any way             
          deceived as to or find indefinite or vague the subject matter and           
          scope of the claimed invention.                                             
               Again, consistent with our enablement discussion, the claims           
          are clearly consistent with the written description and drawing             
          figures associated therewith.  If the artisan were to agree with            
          the examiner’s view that in some manner the body of the claims              
          does not recite structure consistent with conventional meanings             
          in the art of a non-additive mixer, the artisan would have                  
          clearly recognized this from the disclosure, the drawing figures            
          and the claims.  Therefore, in this sense, the artisan clearly              
          would not have been deceived or otherwise view the presently                
          claimed subject matter as being unclear or indefinite in some               
          manner since the artisan clearly would have recognized the                  
          misdescriptive nature of the invention as departing significantly           
          from prior art conventional understandings of non-additive                  
          mixers.                                                                     
               We are also not convinced that the artisan would have been             
          convinced of such misdescriptive nature of each independent claim           
          on appeal since each in some form recites language to the effect            
          that the output of a mixer circuit is representative of the                 
          product of the first video input and a mixer control signal plus            

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