Ex Parte Kole - Page 6



          Appeal No. 2004-1134                                                        
          Application No. 09/928,204                                                  

               The examiner argues (answer, page 9):                                  
               In the broadest reasonable interpretation of claim 3,                  
               claim 3 requires an amplifier for white compensation                   
               and an amplifier for brightness compensation for the                   
               red value signal and an amplifier for white                            
               compensation and an amplifier for brightness                           
               compensation for the blue value signal and an amplifier                
               for the brightness compensation of the green value                     
               signal.  Nowhere within claim 3, it is [sic] required                  
               to combine amplifiers 104R and 104B to perform white                   
               compensation of both the red and blue color signals                    
               wherein such a combined amplifier should also perform                  
               brightness compensation for the red and blue signals                   
               and a separate amplifier for brightness compensation of                
               the green color signal, as argued by the Appellant.                    
               During patent prosecution, claims are to be given their                
          broadest reasonable interpretation consistent with the                      
          specification, as the claim language would have been read by one            
          of ordinary skill in the art in view of the specification and               
          prior art.  See In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320,             
          1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d 1544, 1548, 218 USPQ           
          385, 388 (Fed. Cir. 1983).  The specification discloses that                
          operational amplifier 35 processes the blue value signal both               
          with a factor for white compensation and a factor for brightness            
          adaptation, and multiples the red value signal by a factor for              
          white compensation and a factor for brightness compensation                 
          (page 4, lines 31-32; page 5, lines 4-6).  Also, figure 2 shows             
          both the red and blue signals being input to a single                       

                                          6                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007