Ex parte ALTRIETH - Page 4




          Appeal No. 95-1661                                                          
          Application 07/976,913                                                      


               of the document sheet of the continuous tone areas to                  
               be selectively screened.  For each rectangular marked                  
               area 14 shown the wand may be used to touch the sheet                  
               at the four corner points of each area.  Preferably the                
               points are touched in an order such that a straight                    
               line joins adjacent points as in the order a, b, c, and                
               d to define a rectangle.  Alternatively, a rectangle                   
               may be defined by locating two diagonally opposite                     
               corner points with an input indicating (or an                          
               assumption by the program) that it is a rectangle.  The                
               computer control for the digitizing tablet may also be                 
               programmed to accept inputs of area data to define                     
               other geometrical shapes such as circles and other                     
               geometric shapes.                                                      
               The above quoted portion of Jamali in our view indicates the           
          correctness of the assertions made by appellant in the brief as             
          to the quoted portions of both independent claims 1 and 18 on               
          appeal.  Thus, we also construe, as urged by appellant, that it             
          is the user or operator of Jamali’s device who essentially                  
          identifies the spatial area for the variable information rather             
          than the requirement of claim 1 that the control unit identifies            
          such area and rather than the claim 18 means for analyzing                  
          deriving signals to determine the outline of at least one area of           
          which the largest to be printed variable character information is           
          to be printed.  It is the user who determines the area in the               
          above quoted portion of Jamali since the user must touch the four           
          corner points to effectively define the area of each variable               
          information area 14.  Thus, it is the user who defines a                    
          rectangle or an area.  Even the alternative approach of merely              
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