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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