Ex parte GABELLO et al. - Page 4




          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).                   



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