Appeal No. 2003-1967
Application No. 08/970,889
recites a method comprising the steps of providing a database
associated with the stored video program, said database
comprising attribute information associated with at least a
representative portion of said plurality of video frames forming
each scene; formulating a query utilizing attribute information
associated with a desired video frame; searching said database to
identify video frames substantially satisfying said query; and
retrieving, from said mass storage unit, one or more of said
identified video frames. We note that Appellants have not argued
that the Examiner has erred in finding that Barber, Yeo and
Shibata teach these method steps as recited in Appellants' claim
17. However, Appellants have argued that Barber, Yeo and Shibata
do not teach a plurality of video frames including a key frame
comprising a mosaic of an intra-scene background layer. However,
the question before us is whether method claim 17 is limited by
this limitation recited in the preamble or is this limitation
simply a suggested intended use for the method steps.
To determine if language in the preamble is limited, a
review of the patent application in its entirety should be made
to determine whether the inventor intended such resolve to
represent an additional structure limitation or merely
introductory language. Corning Glass Works v. Sumitomo Elec.
1111
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