Ex parte OHKI - Page 6




          Appeal No. 97-1182                                                          
          Application No. 08/150,371                                                  


          that is being operated upon, it is clear that the claimed                   
          subject matter is directed to a practical application of the                
          algorithm which operates on the image signal.  The algorithm                
          produces a "useful, concrete and tangible result" - the                     
          transformation of an image signal.  Accordingly, the subject                
          matter recited in claims 3, 4, 11, 13, 14, 19 and 20 is                     
          statutory, within the meaning of                                            
          35 U.S.C. 101.  See State Street Bank & Trust Co., v.                       
          Signature Financial Group, Inc., 149 F.3d 1368, 1373, 47 USPQ               
          2d, 1596, 1601 (Fed. Cir. 1998).  However, when we analyze                  
          claims 1, 2, 5 and 17 under 35 U.S.C. 101, we reach a                       
          different result.                                                           
               Claim 1 does not recite any image signal but, rather,                  
          only an "input vector data signal."  One could argue that                   
          reference to the disclosure would indicate that this signal is              
          intended to be an "image" signal.  However, reference to the                
          instant claims appears to tell a different story.  Clearly,                 
          since dependent claim 3 adds the further limitation that the                
          "input vector signal comprises an image signal," appellant                  
          intends the recitation of a mere "input vector data signal" in              
          independent claim 1 to have a much broader meaning.  That                   
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