Appeal No. 1999-0089 Page 6
Application No. 08/454,076
In re Paulsen, 30 F.3d 1475, 1480, 31 USPQ2d 1671, 1674 (Fed.
Cir. 1994) (citing Carroll Touch, Inc. v. Electro Mechanical
Sys., Inc., 15 F.3d 1573, 1577, 27 USPQ2d 1836, 1840 (Fed.
Cir. 1993)). Here, claims 18, 38, 40, and 42 specify in
pertinent part the following limitations: “selecting either a
first or second mode of encoding, said first mode being
carried out by an intra-frame prediction encoding technique
and field-based orthogonal transformation and said second mode
being carried out by an inter-frame prediction encoding
technique and frame-based orthogonal transformation ....” The
expression "either ... or" means "an ... exclusive division
between only two alternatives ...." Webster's Ninth New
Collegiate Dictionary 399 (1990) (copy attached). In view of
this understanding, the limitations require selecting between
only a first or second mode of
encoding, wherein the first mode is implemented by an intra-
frame prediction encoding technique and field-based orthogonal
transformation and the second mode is implemented by an inter-
frame prediction encoding technique and frame-based orthogonal
transformation.
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