Appeal No. 1996-3193 Application 08/160,112 Z = #X-Y# in Taniguchi to a running sum of absolute values of the differences would have been obvious. Appellants refer to the following language of claim 1: conditionally either 1) adding said difference to a running sum of the absolute values of the differences if said status bit is said first digital state, or 2) subtracting said difference from the running sum of absolute values of the differences if said status bit is said second digital state . . . . Appellants argue that this "language of claim 1 requires that only one of the two possible operations of (1) adding the difference and of (2) subtracting the difference is performed" (Br5) and "specifically excludes the possibility that both the adding and subtracting operations are performed" (Br5). Appellants argue that "[f]ollowing the teachings of Taniguchi clearly results in computation of two results and the conditional discarding one of them" (Br6). The Examiner responds that "[t]he claim language 'comprising' does not exclude the possibility that both operations are performed and either one of the outcomes is selected conditionally" (EA6). Appellants respond that "the 'either ... or' language excludes the possibility that the claim covers performing both the recited operations and selecting the indicated result" (RBr2). - 8 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007