Appeal No. 1997-4067
Application 08/285,324
label, MPEP § 804 (7th ed. July 1998), pages 800-21 through
800-23.
The first condition is satisfied as we show by
comparing claims 1 and 4 of the present application with
claim 1 of the '821 patent (note that we use the claims).
The analysis is the same for the '328 application. Claim 4
of the present application recites that step (a) of claim 1
comprises the three substeps (a1), (a2), and (a3). This
appears to be an obvious error because steps (a1)-(a3) have
nothing to do with assigning an image characteristic.
Apparently, claim 4 should refer to step (b) and we analyze
the claims according to this interpretation; i.e.,
steps (a1)-(a3) should be labeled (b1)-(b3). Then we note
the following correspondence between limitations and assign
the letters to the limitations, where "--" indicates there
is no corresponding limitation.
Present Appl. '821 patent
Letter Claims 1 and 4 Claim 1
A 1(a) --
B 1(b)-> 4(b1) 1(a)
4(b2) 1(b)
4(b3) 1(c)
C 1(c) 1(d) (also requires
error resolution
corresponding to
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