Ex Parte WILSON - Page 5




             Appeal No. 2001-2307                                                                                    
             Application No. 08/791,266                                                                              

             determination of the format of an incoming video signal, and processing the signal in                   
             accordance with the determined format.  The reference teaches (e.g., col. 4, ll. 49-53)                 
             receiving signals that are in a known, presumably predetermined, format.  That the                      
             processors are programmable for different formats does not require that different                       
             formats be sensed during normal operation, and we find no disclosure of such in the                     
             four corners of the reference.                                                                          
                    Anticipation requires the presence in a single prior art reference disclosure of                 
             each and every element of the claimed invention, arranged as in the claim.  Lindemann                   
             Maschinenfabrik GmbH v. American Hoist & Derrick Co., 730 F.2d 1452, 1458, 221                          
             USPQ 481, 485 (Fed. Cir. 1984).  We are in substantial agreement with appellant that                    
             Fandrianto fails to disclose each and every element set forth in instant claim 5.  Method               
             claim 9 requires automatically determining whether a received video signal is in a first or             
             second data format, forwarding, and processing the received signal accordingly.  In                     
             view of our understanding of the teachings of Fandrianto, we cannot sustain the section                 
             102 rejection of either of claim 5 or claim 9.                                                          
                    Method claim 17 is drawn to capturing a video signal for transmission, selecting                 
             whether to process the captured video signal into a first or a second predetermined                     
             format, and converting the signal accordingly.  Fandrianto discloses (e.g., col. 5, ll. 1-              
             39) capturing a video signal and encoding it for transmission using a single,                           
             predetermined algorithm (e.g., the MCPIC algorithm), but not the process required by                    


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