Ex Parte da Cunha et al - Page 5

                Appeal 2007-0961                                                                                 
                Application 10/264,131                                                                           
                receiving element Re, amplifier A, and shaping circuit M (e.g., Fig. 5).  The                    
                Examiner further finds that the driver circuit as claimed reads on transistor                    
                Tr, which drives image element P.  (Answer 3-4.)                                                 
                       Appellants admit that Daniel teaches a pulse density capture circuit to                   
                superimpose information on a pre-existing image (Reply Br. 11), consistent                       
                with the claimed second or “another” pulse density capture circuit.                              
                Appellants contend, however, that the reference fails to describe a pulse                        
                density circuit for temporarily capturing display information.  According to                     
                Appellants, the information received by circuit X from the decoupling                            
                circuits comes from electrodes L and C, the information originating from                         
                peripheral control circuits.  (Reply Br. 12.)                                                    
                       Instant claim 9, however, does not specify the source of the “display                     
                information”; nor, for that matter, does the claim specify the source of the                     
                “annotation information.”  We are not persuaded of error in the Examiner’s                       
                finding that the decoupling circuits described by Daniel correspond to pulse                     
                density capture circuits for temporarily capturing display information.3                         
                Display information for a particular image element P is received from the                        
                decoupling circuits, in addition to annotation information received through                      
                receiver Re.                                                                                     
                       Appellants also seem to place great emphasis, in the briefs, on                           
                “temporarily” capturing display and annotation information.  Appellants do                       
                not explain, however, how the adverb might be thought to distinguish over                        
                Daniel.  The image, and thus the information captured for displaying the                         

                                                                                                                
                3 What a reference teaches is a question of fact.  In re Baird, 16 F.3d 380,                     
                382, 29 USPQ2d 1550, 1552 (Fed. Cir. 1994); In re Beattie, 974 F.2d 1309,                        
                1311, 24 USPQ2d 1040, 1041 (Fed. Cir. 1992).                                                     
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