Ex parte ITO - Page 3




                Appeal No. 96-3646                                                                                                        
                Application 08/136,254                                                                                                    


                conditions, besides the one employed in the references, were known in the art.  The examiner contends                     

                that any compression or interpolation process would be “chosen depending upon said one condition.”                        

                        Appellant argues that the claims require a set of conditions, not just one condition.                             

                        We agree with appellant.  Because the claims call for a process “chosen depending upon said                       

                one condition” of a set of conditions, a reference which suggests a system using only one condition does                  

                not suggest the claimed subject matter.                                                                                   

                                                            CONCLUSION                                                                    

                The rejection of Claims 1-26 is not sustained.                                                                            

                                                             REVERSED                                                                     



                                        ERROL A. KRASS                           )                                                        
                                       Administrative Patent Judge              )                                                        
                                                                                 )                                                        
                                                                                 )       BOARD OF PATENT                                  
                                                                                 )       APPEALS  AND                                     
                                        JAMES T. CARMICHAEL                      )       INTERFERENCES                                    
                                        Administrative Patent Judge              )                                                        
                                                                                 )                                                        
                                                                                 )                                                        
                                                                                 )                                                        
                                        JOSEPH F. RUGGIERO                       )                                                        
                                        Administrative Patent Judge              )                                                        



                JTC/dal                                                                                                                   

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