Ex parte FITZPATRICK et al. - Page 8




          Appeal No. 94-3823                                                          
          Application 07/812,249                                                      



               sitting at a terminal writing the software for the                     
               invention.                                                             
          Answer at 4-5.  Thus, the examiner views the following claim                
          phrases as indefinite:  "predominate"; "non-predominate";                   
          "non-distracting"; "small amount"; "permitting recognition";                
          and "processing."  We disagree, however, with the examiner that             
          the foregoing claim phrases are indefinite within the meaning               
          of 35 U.S.C. § 112, second paragraph, and address each of them              
          below.                                                                      
               We agree with appellants that, in view of the specification            
          and claim language, "predominate" is reasonably viewed, by a                
          person of ordinary skill in the character recognition art, to               
          mean that a single color is visually associated with a character            


          and that color is readily distinguishable by humans.  See                   
          specification at 4, lines 20-25; claim 1 ("plural pixels which              
          are of a first color, said first color pixels being predominate             
          so as to allow humans to distinguish said character").  Thus,               
          this claim phrase is sufficiently defined.  See In re Johnson,              
          558 F.2d 1008, 1016, 194 USPQ 187, 194 (CCPA 1977) (only a                  
          reasonable degree of certainty is required); In re Hammack,                 
          427 F.2d 1378, 1382, 166 USPQ 204, 208 (CCPA 1970) (the purpose             

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