Ex parte GABELLO et al. - Page 5




          Appeal No. 96-2440                                                          
          Application 08/099,289                                                      

               Even assuming that the term "latent periods" can refer to              
          non-useful or dead spaces before and after valid video within one           
          scanned line as is described in the specification, and also to              
          vertical blanking intervals between scanned lines as urged by the           
          examiner, that does not render the claim term "non-useful or dead           
          (i.e., dark) video data signals" so broad as to read on both                
          types of latent periods.  Only the first type of latent period is           
          described and referred to by the appellants in connection with              
          the claimed "non-useful or dead (i.e., dark) video data signals."           
          The term "latent periods" appears nowhere in the claims.  It is             
          the interpretation of the claim term "non-useful or dead (i.e.,             
          dark) video data signals" that is at issue, not the                         
          interpretation of the term "latent periods" which simply appears            
          as a descriptive term in the specification.                                 
               It is unreasonable to read the above-quoted text from the              
          specification as describing the vertical blanking interval                  
          between scanned lines.  The examiner is wrong in finding (answer            
          on the top of page 5) that Hunt’s vertical blanking interval is             
          the same as the dead spaces in the appellants’ specification.               
          The appellants’ specification does not describe the vertical                
          blanking interval between scanned lines as the non-useful or dead           
          (i.e., dark) video data signals.  See also original claim 11 of             


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