Ex parte LEVIEN - Page 5




          Appeal No. 1996-3621                                                        
          Application No. 08/019,783                                                  


               of a scaling or size change.  Interpolation is a                       
               process that will fill in values between adjacent                      
               values so as to form a continuous string of data.                      
               The process recited in the claims only recites the                     
               addition of pixels (either two or four times the                       
               original number of pixels) and does not in any way                     
               recite an interpolation process as “interpolation”                     
               is conventionally defined.  While interpolation may                    
               well be part of a size change operation (such as to                    
               fill in values for the expanded image pixels),                         
               interpolation in and of itself is not size change.                     
               These claims only recite that the process is one of                    
               a size change and these claims (as well as the other                   
               claims that are further defined by these claims) are                   
               interpreted as such for the application of prior                       
               art.                                                                   
               According to the appellant (Brief, page 10), “even though              
          interpolation can be used for scaling an image, scaling an                  
          image is not always interpolating the image.”  “Appellant’s                 
          specification states on page 3 line 3, that ‘to smooth the                  
          transitions between pixels of the rotated image, interpolation              
          is used to add pixels to the rotated image . . .’” (Brief,                  
          page 11).  Appellant’s position, therefore, is that “the term               
          ‘interpolate’ is both defined by applicant in his own                       
          specification and is consistent with the accepted definition                
          of the term” (Brief, page 11).  “There is no requirement by                 
          statute . . . that an otherwise definite term . . .                         
          ‘interpolate’ be mutually exclusive with another term                       

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