Appeal No. 96-3646 Application 08/136,254 conditions, besides the one employed in the references, were known in the art. The examiner contends that any compression or interpolation process would be “chosen depending upon said one condition.” Appellant argues that the claims require a set of conditions, not just one condition. We agree with appellant. Because the claims call for a process “chosen depending upon said one condition” of a set of conditions, a reference which suggests a system using only one condition does not suggest the claimed subject matter. CONCLUSION The rejection of Claims 1-26 is not sustained. REVERSED ERROL A. KRASS ) Administrative Patent Judge ) ) ) BOARD OF PATENT ) APPEALS AND JAMES T. CARMICHAEL ) INTERFERENCES Administrative Patent Judge ) ) ) ) JOSEPH F. RUGGIERO ) Administrative Patent Judge ) JTC/dal 3Page: Previous 1 2 3 4 NextLast modified: November 3, 2007