Reexamination Control No. 90/005,742
Patent 5,253,341
1 and the photodiode modules. 2d Koopman Decl. at 183, para. 393. However, the claim
2 language does not preclude the recited "input/output means" from collectively reading on
3 modem 134 and the photodiode modules in the data receiving station.
4 Regarding step (e) ("wherein said displaying step commences before said step of
5 receiving said compressed or non-compressed response has been completed"), Dr. Koopman
6 contends that the discussion of that feature at column 8, lines 36-47, of Walter, reproduced
7 above, is non-enabling:
8 A practitioner of ordinary skill in the art would not have enough
9 information to proceed from this description. Significant issues that
10 would have to be addressed include how to package data for interleaved
11 transmission, how long each "portion" should be, how receiving stations
12 would be able to receive and reassemble portions, and so on. All of these
13 issues are dealt with in sufficient detail within Rozmanith's ['341] patent to
14 be enabling (e.g., Rozmanith Fig. 5 and col. 98 line 52 – col. 10 line 52).
15 But Walter provides only a single sentence that provides insufficient
16 information to be enabling on this topic.
17
18 2d Koopman Decl. at 183-84, para. 394. We are not persuaded that Dr. Koopman's testimony
19 demonstrates non-enablement. While his identification of issues left to be revolved appears to
20 be correct, he has not adequately explained why their resolution would have required undue
21 experimentation.
22 The rejection of claim 93 for anticipation by Walter is therefore affirmed.
23 Claim 95, which depends on claim 93 and further specifies that "said . . . response
24 comprises an image that has been differentially compressed prior to receipt of said query," is also
25 satisfied by the Walter system, which uses inter-frame differential pulse code modulation to
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