Ex parte SUTHA et al. - Page 6




          Appeal No. 1998-1110                                                        
          Application No. 08/391,263                                                  


          wise compression of image data . . . where a copy of one or                 
          more original picture elements is maintained in the first                   
          compression means."  The Examiner asserts that Appellants'                  
          disclosure teaches the conventional nature of subsets                       
          containing data items that are identical to items in the set                
          from which the subset is formed.                                            
          As pointed out by our reviewing court, we must first                        
          determine the scope of the claim.  "[T]he name of the game is               
          the claim."  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d              
          1523, 1529 (Fed. Cir. 1998).                                                
          Turning first to Appellants' claim 1, we note that the                      
          claim recites a device for transforming a first representation              
          of an                                                                       
          information pattern made up of a plurality of picture elements              
          into a second representation of the information pattern, the                
          device comprising:  first means for parallel aggregation of                 
          selected ones of the picture elements into first aggregates,                
          each first aggregate including a copy of more than one of the               
          picture elements; and second means for parallel aggregation of              
          the first aggregates into second aggregates, these second                   


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