Ex Parte GIROD - Page 5




              Appeal No. 2001-2293                                                                                        
              Application No. 08/984,602                                                                                  

                     Instant claim 17 requires means for determining presence of the modulated light                      
              as a function of relative luminances of portions of a frame of digital video data and                       
              difference luminances between the portions of the frame and corresponding portions of                       
              a previous frame.  In appellant’s embodiment of the invention, separate non-linear                          
              filters (A and B; Fig. 4) are used to (1) determine relative luminances within a frame and                  
              (2) analyze differences in luminance between frames, consistent with the separate                           
              requirements of the claim.                                                                                  
                     The rejection (Final Rejection at 2-3) relies on material in columns 3 and 4 of                      
              Iura for the means for determining presence of the light, using relative and difference                     
              luminances.  However, the description at column 3, line 45 through column 4, line 65 of                     
              the reference (and the more pertinent teachings at column 5, line 55 through column 6,                      
              line 8) details comparison of differences in coordinates with respect to different frames                   
              for generating displacement signals to emulate signals generated by movement of a                           
              pointing device (e.g., a mouse), rather than using difference in luminance between                          
              different frames to determine presence of light.                                                            
                     Independent claims 1, 2, and 16 contain similar limitations to those of claim 17                     
              that we find lacking in the references.                                                                     
                     Claim 3, the remaining independent claim, requires a first detection circuit to                      
              detect presence of modulated light having a first modulation frequency, and a second                        
              detection circuit to detect modulated light having a second modulation frequency.  The                      
              rejection (Final Rejection at 3) relies on Iura Figure 1, elements 105 and 107, 109 as                      
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