Ex Parte FUJII - Page 10




                  Appeal No. 1998-2578                                                                                                                    
                  Application No. 08/443,307                                                                                                              

                  DIXON, Administrative Patent Judge, dissenting:                                                                                         


                           I DISSENT from the majority's reversal of our original decision.                                                               
                           I find that the present record is not adequate to make an appropriate                                                          
                  determination on the Request for Rehearing by the examiner and the issues involved at                                                   
                  this time.  I would REMAND the application to the examiner in response to the                                                           
                  Supplemental Reply to the Examiner’s Request for Rehearing filed Aug. 9, 2001 to                                                        
                  further consider Appellant’s arguments providing responses thereto and to make                                                          
                  specific findings with respect to the examiner’s interpretation of the claim limitation:                                                
                           multiple-screen construction means for storing image data, which has                                                           
                           been provided by a designated storage medium or image signal                                                                   
                           generating source and converted by one of said plurality of said image                                                         
                           signal processing means, or reduced image data reduced by said image                                                           
                           reduction means, in said image memory in an arrangement capable of                                                             
                           constructing multiple screens.                                                                                                 
                  Specifically, has the examiner (1) interpreted the use of alternative claim language to                                                 
                  require only image data “reduced image data reduced by said image reduction means;”                                                     
                  (2) has the examiner made a determination that the appellant is or is not attempting to                                                 
                  invoke an interpretation of the “multiple-screen construction means” under 35 U.S.C.                                                    
                  § 112, sixth paragraph; (3) if appellant has invoked 35 U.S.C. § 112, sixth paragraph by                                                
                  reciting the limitation in "means plus function" format, is there an identity of function                                               
                  being claimed or an equivalent, and to provide specific findings with regard to the                                                     
                  corresponding structure and acts disclosed in the specification.  See MPEP 2181                                                         

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