Ex parte BORG - Page 17




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


          relies only upon Coutta for the last means of claim 14 (the                 
          means for generating the electrical signal).  Appellant                     
          (Brief, pages 84-6) engages in a Donaldson analysis for the                 
          claimed means in which he points out that the video mixer of                
          Coutta generates a signal from two analog signals, which                    
          differs from appellant's generation of a signal from two                    
          digital signals.  Further, appellant clearly discloses that                 
          the serial bit stream representing the image is "augmented at               
          the end by digital codes that specify the date and time of                  
          arrival," which differs from a mixture of analog signals.                   
          Thus, as both the methods of generating a signal and the                    
          signal generated differ, we find the "means" for generating                 
          the signal likewise is not an equivalent under 35 U.S.C. §                  
          112, sixth paragraph.  Consequently, we reverse the rejection               
          of claim 14.                                                                
               Also, claims 16 through 22 and 24 through 26 all depend                
          from claim 14 and thus include the same limitation found                    
          lacking from Tanaka and Coutta.  Further, none of the                       
          additional references used in the rejections of these claims                
          cure the deficiencies of Tanaka and Coutta.  Accordingly, we                


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