Ex Parte MAURER - Page 4





            Appeal No. 2004-0204                                                                              
            Application No. 09/231,128                                                                        

                   Appellant’s view is that Claims 1 and 18 recite “detecting a specified content             
            characteristic in the video stream” and that a “specified content characteristic” is not          
            equivalent to a count value that indicates whether a picture frame has been decoded or            
            not between computer interrupts.  That is, appellant argues that one cannot equate an             
            interrupted service of Hasegawa, indicated by a lack of a decoded picture frame to a              
            content characteristic of the instant invention, wherein such characteristic is based on          
            comparing decoded picture frames with other picture frames, i.e., what is actually in the         
            picture frame is the content characteristic, not the absence of a picture frame (brief-           
            page 4).                                                                                          
                   We agree with the examiner that a broad, yet reasonable, interpretation of the             
            claim limitation, “specified content characteristic” would include the disclosure by              
            Hasegawa wherein an abnormality, causing an interruption, is an indication of a                   
            “content characteristic” since detection of presence or absence of a video signal can             
            certainly be a “content characteristic.”  If a signal is absent, there is no content; hence       
            the “characteristic” of the content is that it is not present.  Moreover, as pointed out by       
            the examiner, Hasegawa , in the background section of the patent, discusses prior art             
            detection of an abnormal state from picture data of a monitor, wherein brightness value           
            of pixel data of a moving picture frame is compared with that of a picture frame taken            
            previously.  Clearly, “brightness” can be considered as a “content characteristic,” as            



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