Ex Parte TARRY et al - Page 3



          Appeal No. 2005-1045                                                        
          Application No. 09/225,574                                                  

          discussion to one claim in each group, i.e., claims 38 and 39.              
          See In re Ochiai, 71 F.3d 1565, 1566 n.2, 37 USPQ2d 1127, 1129              
          n.2 (Fed. Cir. 1995); 37 CFR § 1.192(c)(7)(1997).                           
                                      Claim 38                                        
               Mann discloses a system and method for teaching a student a            
          physical skill, particularly golf, by overlaying, in a video                
          display, a model having the physical characteristics of the                 
          student on an image of the student performing the physical skill            
          (col. 1, lines 10-17; col. 2, line 66 - col. 3, line 1; col. 3,             
          lines 29-31).  The model is computer generated and includes the             
          composite average movements of a set of elite performers capable            
          of superior performance of the skill (col. 3, lines 37-43).  The            
          student learns the physical skill by comparing the action of the            
          model to the image of the student and correcting the student’s              
          movement to coincide with the model’s movement (col. 3, lines 33-           
          37; col. 13, lines 39-62; col. 33, lines 35-37 and 55-56;                   
          col. 34, lines 41-44 and 53-62; col. 35, lines 23-24).                      
               The appellants argue that Mann uses a video recording of a             
          student performing an activity in the past, not in real time, and           


               2(...continued)                                                        
          which its subject matter indicates it belongs.                              
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