Ex parte LAVALLEE - Page 8




          Appeal No. 1998-1337                                                        
          Application 08/351,102                                                      



          the compressors based upon the detected image characteristics.              
          Therefore, we find ample support in the specification for the               
          interpretation of the term "as" found in claims 1 and 9 as                  
          meaning "while."  In other words, appellant's claimed                       
          invention                                                                   
          requires the first and second encoders to be operating in                   


          parallel concurrently.  However, we find no support in the                  
          specification for the Examiner's interpretation of "as."                    
                    In view of this finding, we will not sustain the                  
          Examiner's rejection of claims 1 through 5 and 8 through 12                 
          under 35 U.S.C.  102 as being anticipated by Kimura.                       
          Furthermore, we note that the rejection of claims 6, 7, and 13              
          through 20 under 35 U.S.C.  103 is based upon the above                    
          interpretation of the term "as."  Therefore, we will not                    
          sustain the Examiner's rejection of these claims for the same               
          above reasons.                                                              
                    In view of the foregoing, the decision of the                     
          Examiner rejecting claims 1 through 20 is reversed.                         
                                      REVERSED                                        

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