Appeal No. 96-0654
Application 08/103,207
scanning a non-moving document in which interpolation is
neither required nor desired.
The Federal Circuit states that "[t]he mere fact that the
prior art may be modified in the manner suggested by the
Examiner does not make the modification obvious unless the
prior art
suggested the desirability of the modification." In re
Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14
(Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902, 221
USPQ 1125, 1127 (Fed. Cir. 1984).
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
the claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 (Fed. Cir. 1998). Appellant's claim 1 recites an
"apparatus generating a high definition picture in a video
camera, said apparatus comprising: . . . a signal processor
receiving each respective Nth electrical signal for
interpolating and generating a high definition picture
corresponding collectively to said N pieces of said received
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