Appeal No. 96-2440 Application 08/099,289 video data signals to create a sequential stream of data for transmission." The issues on appeal center about the meaning to be accorded the claim term "non-useful or dead (i.e., dark) video data signals." The examiner has interpreted the term so broadly as to read on the vertical blanking intervals which occur before and after the valid video data of each scanned line (answer at 4-5). We disagree. The examiner’s interpretation is unreasonable and without adequate basis in the record. In the specification from the bottom of page nine to the top of page 10, it is stated: Moreover, a common feature of linear CCD [charge coupled device] arrays is that there are normally latent periods (or dead spaces) which occur before and after valid video within one scan line. The present invention utilizes these latent periods to transmit the non-video information. In this way, the time required to transmit the combined information is minimized. The examiner recognized the vertical blanking intervals between scanned lines as latent periods themselves. Based on the above-quoted text, the examiner concluded that vertical blanking intervals between scanned lines can constitute the claimed "non- useful or dead (i.e., dark) video signals." See bottom of page 4 to top of page 5 in the examiner’s answer (Paper No. 18). 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007