Ex Parte NEMOTO et al - Page 3



          Appeal No. 1999-0298                                                        
          Application No. 08/486,780                                                  

          Adcock does not teach or suggest a second control means, for                
          controlling power consumption of the pickup/converting means                
          based on the capacity of the recording medium or memory as                  
          recited in independent claims 32 and 33.  Appellants point out              
          that Adcock does not teach or suggest controlling power but                 
          instead is directed to controlling the tape advance so as to                
          provide sufficient time to record the picture on the tape.                  
               As pointed out by our reviewing court, we must first                   
          determine the scope of the claim. "[Tlhe name of the game is the            
          claim." In re Hiniker, Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523             
          (Fed. Cir. 1998). In addition, claims are to be interpreted as              
          broadly as the terms reasonably allow.  In re Zletz, 893 F.2d               
          319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989). Our reviewing              
          court has stated in In re Donaldson Co. Inc., 16 F.3d 1189, 1193,           
          29 USPQ2d 1845, 1848 (Fed. Cir. 1994) that the "plain and                   
          unambiguous meaning of paragraph six is that one construing                 
          means-plus-function language in a claim must look to the                    
          specification and interpret that language in light of the                   
          corresponding structure, material, or acts described therein, and           




                                          3                                           




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

Last modified: November 3, 2007