Ex parte MORRIS - Page 7




               Appeal No. 1997-2406                                                                                                 
               Application 08/170,651                                                                                               


                           Before we can address Appellant's arguments, we must first determine the scope of                        

                   Appellant's claim 1.  "[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).  "Analysis begins with a key legal                            

                   question what is the invention claimed? . . . Claim interpretation ... will normally control the                 

                   remainder of the decisional process."  Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561,                        

                   1567-68, 1 USPQ2d 1593, 1597 (Fed. Cir.), cert. denied, 481 U.S. 1052 (1987). Claims                             

                   will be given their broadest reasonable interpretation consistent with the specification, and                    

                   limitations appearing in the specification are not to be read into the claims.  In re Etter, 756                 

                   F.2d 852, 858, 225 USPQ 1, 5 (Fed. Cir. ) cert. denied, 474 U.S. 828 (1985).                                     

                           We note that claim 1 recites:                                                                            

                           determining the locations of the N sample points of the basic array in dependence upon                   
                           the selected class of image feature so as to ensure substantially N times oversampling of                
                           the selected class of image feature; wherein the selected class of image feature                         
                           comprises edges, which are nearly aligned with one of the other of the principal axes of                 
                           the filtered pixel array, the locations of the N sample points in the basic array being                  
                           chosen so as to divide the area of a pixel of the filtered pixel array at substantially N                
                           places in the direction of at least one of the principal axes of the filtered pixel array.               

                           Upon a careful review of the admitted prior art, we agree with the Appellant that                        

                   neither Vreeswijk, Fuchs, nor Cook mentions any need to avoid artifacts produced by image                        

                   edges nearly aligned with one or the other of the principal axes of a pixel array.  We agree with                

                   the Examiner that the admitted prior art Figure 2 shows edges nearly aligned with a principal                    


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