Ex parte HORSTMANN et al. - Page 5




          Appeal No. 1997-3241                                                        
          Application 08/442,726                                                      


          that the comparison is performed while the counter increments.              


               On page 7 of the brief, Appellants assert that Miu does                
          not teach the use of a ripple counter.  Further, Appellants                 
          assert that Miu does not teach that the comparison is                       
          performed while the counter is incrementing.                                
               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).  Claims will be given their                    
          broadest reasonable interpretation consistent with the                      
          specification, limitations appearing in the specification are               
          not to be read                                                              














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