Appeal No. 1998-0884 Page 7
Application No. 08/084,642
connect the compression path having the least error
to downstream processing circuitry. [Col. 8, ll.
49-57.]
By selecting between frame-based predictive encoding and
field-based predictive encoding based on which encoding
technique produces a smaller error, Krause bases selection on
accuracy.
Selection based on the accuracy of data is not tantamount
to selection based on the quantity of the data. We see no
inconsistency between this conclusion and the rule that the
U.S. Patent and Trademark Office (PTO) should give claims
their broadest reasonable interpretation during prosecution.
“The operative word is reasonable: the PTO has no such
obligation regarding unreasonable interpretations.”
Genentech, Inc. v. Wellcome Foundation Ltd., 29 F.3d 1555,
1564 n. 22, 31 USPQ2d 1161, 1168 n.22 (Fed. Cir. 1994).
Because Krause bases selection on the accuracy of data,
we are not persuaded that the reference discloses the claimed
limitation of “selecting said frame-based predictive encoding
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