Ex parte BORG - Page 15




          Appeal No. 1997-2774                                                        
          Application No. 08/080,471                                                  


          background frame store 34" (see column 5, lines 17-20).                     
          Beaulier further reveals (column 5, lines 43-48) that keyer 52              
          is used "to mix the [background] image [from background frame               
          store 34] with a caption stored by caption frame store 32, and              
          then to return the single still frame composite mixed image to              
          background frame store 34."                                                 
               The examiner insists (Answer, page 13) that Beaulier's                 
          keyer 52, which mixes the two types of data, "reads on ... 'a               
          means for augmenting ....'"  However, keyer 52 does not have                
          the same function as the disclosed elements for appellant's                 
          claimed means, as required by In re Donaldson Co., as it mixes              
          the image and caption data to form a new composite image                    
          rather than augmenting, or adding to, the digital image data                
          wherein the two types of data remain distinct.  Furthermore,                
          Coutta fails to cure Beaulier's deficiency, since Coutta                    
          discloses (column 4, lines 47-52) combining the camera output               
          (which is an analog signal) and the date/time generator output              
          using a video mixer, and there is no evidence of record that                
          combining analog video signals has corresponding structure to               
          that used for processing digital signals.  Thus, neither                    
          reference suggests any structure which could be construed as                
                                         15                                           





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007