Ex parte NIELSEN et al. - Page 8




          Appeal No. 2000-0141                                       Page 8           
          Application No. 08/673,693                                                  


          skill.’"  In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949,               
          1950-51 (Fed. Cir. 1999) (quoting Continental Can Co. v.                    
          Monsanto Co., 948 F.2d 1264, 1268, 20 USPQ2d 1746, 1749 (Fed.               
          Cir. 1991)).                                                                


               Here, in Ruoff’s television apparatus “only a portion of               
          the [displayed] image subtended by the gaze of the viewer's                 
          eye is of high resolution; the remainder is of low                          
          resolution.”  Col. 3, ll. 23-26.  The examiner provides no                  
          extrinsic evidence, however, that the high resolution portion               
          is allocated additional bandwidth as compared to the low                    
          resolution remainder.  To the contrary, the reference implies               
          that the high resolution portion and the low resolution                     
          remainder are allocated equal bandwidth.  Specifically, “[t]he              
          temporal scanning rate is the same for all lines, both high-                
          and low-resolution.”  Col. 5, ll. 5-6.                                      


               Even further to the contrary, Ruoff also implies that the              
          high resolution portion is allocated less bandwidth than the                
          low resolution remainder.  Specifically, in the high                        








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