Ex parte LUCAS et al. - Page 9




          Appeal No. 1997-2896                                                        
          Application 08/340,561                                                      


          the display) at the positions corresponding to the path of the              
          pen.”  We agree that this structure encompasses a                           
          microprocessor.  However, we cannot stop here.  We must                     
          consider the algorithm performed by the microprocessor as a                 
          structural limitation as well.  As stated by our reviewing                  
          court,  “[t]he structure of a microprocessor programmed to                  
          carry out an algorithm is limited by the disclosed algorithm.”              
          WMS Gaming Inc. V. International Game Technology, 184 F.3d at               
          1348, 51 USPQ2d at 1391 (Fed. Cir. 1999).  Accordingly, we                  
          concur with the Appellants’ assertion on page 4 of the brief,               
          that the scope of claim 1 includes as structure, the algorithm              
          disclosed in the specification to produce the anti-aliased ink              
          image.                                                                      
               Specifically, we find that the scope of claim 1 includes               
          the structure of a microprocessor that breaks down sensed pen               
          strokes  into a series of line segments to be displayed,                    
          wherein each line segment is displayed with pixels that                     
          overlap an adjacent line segment.  See Appellants’                          
          specification page 9, lines 11 through 15.  Further, we find                
          that claimed structure includes the microprocessor being                    


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