Ex parte HUBER et al. - Page 4




          Appeal No. 2000-1502                                       Page 4           
          Application No. 08/643,597                                                  


               After considering the record, we are persuaded that the                
          examiner erred in rejecting claims 1-8.   Accordingly, we                   
          reverse.                                                                    


               Rather than reiterate the positions of the examiner or                 
          appellants in toto, we address the main point of contention                 
          therebetween.  The examiner asserts, "Zabele shows . . . an                 
          overlay frame wherein the associated inspection area of the                 
          defect of the printed image is designated on the monitor by                 
          said                                                                        
          overlay frame (note col. 11, lines 48-58)."  (Examiner's                    
          Answer at 3-4.)  The appellants argue, "[n]either Zabele nor                
          Zingher et al. disclose the overlay frame of claim 1 or have                
          any suggestion or motivation to provide such a frame around a               
          defective inspection area."  (Appeal Br. at 12.)                            


               In deciding obviousness, “[a]nalysis begins with a key                 
          legal question -- what is the invention claimed?”  Panduit                  
          Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d                   
          1593, 1597 (Fed. Cir. 1987).  “Claims are not interpreted in a              








Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007