Ex parte OKUDA et al. - Page 7




          Appeal No. 1997-4071                                                        
          Application No. 08/047,511                                                  


          of the memory sections in accordance with the specific data                 
          processing function to generate each sentence entry.                        
               On page 6 of the answer, the Examiner argues that                      
          Stinson's memory inherently must have stored a function and                 
          must have a memory section associated with each function data.              
          The Examiner argues that because sentences are stored by                    
          various functions by virtue of the notes as taught by Stinson,              
          each sentence is associated with the function producing the                 
          sentence.                                                                   
               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).                                                
               We note that Appellants' claims recite more than having a              
          function being associated with data.  For example, Appellants'              
          claim 20 requires                                                           
               a memory divided into plural sections, each section                    
               being associated with a specific data processing                       
               function, for selectively storing sentence entries                     
               in each of the memory sections in accordance with                      
               the specific data processing function used to                          
               generate each sentence entry (emphasis added).                         
          Thus, Appellants' claim requires that the memory is divided                 

                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007