Ex parte BALZ - Page 5




          Appeal No. 1999-2688                                                        
          Application No. 08/751,057                                                  


               Appellant contends that whereas, in the instant                        
          invention, "frequency" means how often the corresponding IQ                 
          values occur during the predetermined time under each address,              
          in Gray, "frequency" is the frequency of a scan signal line                 
          which can be calculated and displayed, as shown in Figures 3                
          or 4 of the patent [see page 6 of the brief].  Thus, it is                  
          appellant’s contention that Gray and the instant claimed                    
          invention are not directed to the same "frequency."                         


               While we cannot say, with certainty, that the frequency                
          discussed by Gray and that recited in the instant claims are,               
          indeed, the same, Gray does disclose, at lines 63-64 of column              
          6, that "data frequency can control pixel color."  It appears               
          to us, from the disclosure at page 2 of the instant                         
          specification, that appellant’s invention also relates                      
          frequency of data to pixel color.  In view of these                         
          disclosures and appellant’s failure to point to anything                    
          specific in Gray to convince us that Gray’s frequency is                    
          anything different than the frequency discussed, we do not                  
          find appellant’s observation regarding Gray’s "frequency of a               
          scan signal line" [brief-page 6] convincing.                                
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