Ex parte LEE et al. - Page 5




          Appeal No. 1998-1334                                                        
          Application No. 08/350,141                                                  

          computing a mean pixel value of a block of a current frame.                 
          Appellants point out that, equation 6 of Iu provides for                    
          computing an average pixel over a series of accepted frames K.              


               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 13662, 1369, 47                    
          USPQ2d 1523, 1529 (Fed. Cir. 1998).  Claims will be given                   
          their broadest reasonable interpretation consistent with the                
          specification, and limitation 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. 1985).                                   
               Upon reading Appellants’ claim 1 as a whole in light of                
          the specification, we agree that the claim does limit                       
          computing the first mean value to a block in the current                    
          frame.  We find that Iu does not teach computing the first                  
          mean value of a block in the current frame, but instead                     
          teaches computing an average pixel over a series of accepted                
          frames K.  Therefore, Iu’s equation 6 fails to meet                         
          Appellants’ claimed method as recited in Appellants’ claim 1.               



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