Appeal No. 1998-0879
Application 08/251,730
"trailing header." The headers, including header 68, refer
to the compression of elementary units which follow the
header; they do not refer back to the blocks of the
preceding quadruple of elementary units. Therefore, the
header always precedes the escape code, contrary to the
limitation of the claims. Kantner expressly states (col. 5,
lines 38-39): "Subsequent to a byte header 68, occurrence
of an escape code 70 in the location of an index block is
indicated." Thus, the header precedes the escape code.
Kantner provides very little information about the actual
working of the escape code and headers when the escape code
specifies a run length for a compression technique
(unchanged or homogeneous, col. 5, lines 39-43). It is not
clear whether there is still a header for every quadruple of
elementary units when the run length extends past the
boundary of the quadruple of elementary units and, if so,
what the header specifies. It is improper to resort to
speculation or unfounded assumptions to supply deficiencies
in the factual basis for a rejection. In re Warner,
379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967). There
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