Ex parte MILLER et al. - Page 13




            Appeal No. 1997-1008                                                                         
            Application No. 08/328,394                                                                   


            a labeled pixel in a second labeled track in memory, that                                    
            second labeled track corresponding to the temporal track of                                  
            the set of related temporal tracks which contain the image.                                  
            Thus, as explained by appellants at page 13 of the principal                                 
            brief, multiple hit test tracks may correspond to a single                                   
            video track and a single video track is coordinated with two                                 
            separate user actions.  The examiner explains [answer-pages 5-                               
            6] that the language of claim 41 is so broad as to permit the                                
            image of a temporal track containing a labeled pixel to refer                                
            to a larger image context including a second area within the                                 
            image having a second labeled track.  We, frankly, do not                                    
            understand the examiner’s reasoning in this regard and will                                  
            not sustain the rejection of claim 41.  The examiner has                                     
            simply not shown where, in the applied references, it is                                     
            taught or suggested to identify a second area within the image                               
            which could be selected by the user, label each pixel within                                 
            the second area with a second identifier unique to the second                                
            area and then store each labeled pixel in the second labeled                                 
            track in the memory wherein the second labeled track                                         
            corresponds to the temporal track of the set of related                                      
            temporal tracks which contains the image.                                                    
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