Appeal No. 1998-2578
Application No. 08/443,307
data . . . is not disclosed or suggested by the prior art." Again, neither the majority nor
the examiner has addressed appellant's argument at page 4 of the Reply concerning
the "multiple screen construction means." [Emphasis added.] Additionally, I would
agree with the majority as to the appropriate disposition of those claims, as grouped by
appellant, if the case did not already have a decision based upon independent claim 1,
which we now consider on rehearing.
The majority goes on to interpret the unambiguous terms in the claims as they
find them without consideration to their usage in the specification. The terms
"constructing," "constructed," and "constructs" are throughout the specification and
appear to be used in their ordinary meaning. (See specification at pages 2, 3, 7, 9 and
10.) For example, page 9 of the specification states "[t]he image data for constructing
the multiple screens is created in the display memory 20" and page 10 of the
specification states "transfer of image data from the buffer memory 19 to the display
memory 20 (which includes determining addresses so as to construct multiple screens)
and image reduction processing are executed by the CPU 16." Throughout the
specification, the term "construct" and "construction" are used to consistently refer to a
process or act of forming and placing data in the designated locations in a partitioned
memory. From my understanding of the disclosed invention and the claimed invention,
I would interpret the
multiple-screen construction means for storing image data, . . . , in said
image memory in an arrangement capable of constructing multiple
screens [emphasis added]
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