Free Claim Construction Chart - District Court of Delaware - Delaware

Case 1:04-cv-01373-KAJ

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

AMPEX CORPORATION, Plaintiff, v. EASTMAN KODAK COMPANY, ALTEK CORPORATION and CHINON INDUSTRIES, INC., Defendants.

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C.A. No. 04-1373-KAJ

JOINT CLAIM CONSTRUCTION CHART Pursuant to Paragraphs 11 & 12 of this Court's Scheduling Order, the parties hereby submit this Joint Claim Construction Chart containing their proposed constructions of the disputed claim terms and citations to intrinsic evidence. Exhibits A-G attached to the Joint Claim Construction Chart contain the patent-in-suit, U.S. Patent No. 4,821,121, and the cited intrinsic evidence. MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Julia Heaney Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected] [email protected] Attorneys for Plaintiff May 23, 2006
521659

PRICKETT, JONES & ELLIOTT, P.A. /s/ David E. Brand Paul M. Lukoff (#96) David E. Brand (#201) 1310 King Street P.O. Box 1328 Wilmington, DE 19801 (302) 888-6500 [email protected] [email protected] Attorneys for Defendants

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May 22, 2006 Ampex Corporation v. Eastman Kodak Company, et al. (C.A. No. 04-1373 (KAJ) JOINT CLAIM CONSTRUCTION CHART FOR U.S. PATENT NO. 4,821,121
Claim Term(s) Or Phrase(s) 1. D Plaintiff's Proposed Construction Plaintiff's Citations To The Intrinsic Evidence See Construction 3. citations Defendants' Proposed Construction A series of related electronic images created for rapid display to allow the appearance of movement Defendants' Citations To The Intrinsic Evidence E.g., Col. 6:23-24 (claim 7) ("An apparatus for storing video pixel data representing video images") Col. 1:11-12 ("[t]he invention relates to a digital electronic still store for broadcast television signals...") Col. 1:23-25 ("it is common to insert a selected still store image depicting a news event in the upper left hand corner of a live studio image...") Col. 2:65- Col. 3:1 ("video input circuit 12 may be another electronic still store system, a TV camera, or some other source of video data from which one or more frames of a video image may be captured.") Col. 1:15-16 ("digital electronic still store video display systems store a plurality of frames of video images...") Col. 1:44-49 (describing a prior art reference, "video images on a television display.") Col. 3:24-29 ("Conventionally, the chrominance data has half the spatial Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 1

video (all claims) Ampex contends that ("video image(s)"; "video pixel data"; "video" should be construed in the context of the phrases "video data"; "video still store') appearing in the claims as discussed at Constructions 2., 3., and 4.

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence resolution of the luminance data in the horizontal dimension so that data is produced in a repetitive 4 byte luminance/chrominance component sequence of L1, CR1, CB1, L2--L3, CR3, CB3, L4 and so forth.") Col. 3:57-58 (the single embodiment disclosed in the specification noting that NTSC frames of data represent video data) Col. 4:34-36 (the single embodiment disclosed in the specification describing an output processor as "a conventional video signal output processor, for forming a television signal in a standard format...") Col. 5:8-13 (claim 1) ("[A]n image store means for retrievably storing therein a plurality of image frame copies of video frames, the image frame copies comprising data representing full spatial resolution images and corresponding data representing reduced spatial resolution images of the video frames") Col. 3:19-24 ("The input AD 14 receives the video signal from the video input 12 and converts the video signal to the digital sampled data form in which each pixel of video data is represented by three eight bit data bytes defining respectively luminance, red chrominance and blue chrominance components.")

2.

P

video pixel data (claims 7, 8, 11, 13-15); "Video pixel data" means video data (claims 8, 10, 14) data representing picture elements ("pixels") of a video image. "Video data" means video pixel data or other data representing a video image.

See Construction 3. citations

video data is digital numerical information defining an image that has been derived from, or forms a part of, a series of related electronic images created for rapid display to allow the appearance of movement

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 2

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction video pixel data is digital numerical information defining picture elements (pixels) of an image that has been derived from, or forms a part of, a series of related electronic images created for rapid display to allow the appearance of movement Electronic signal representation of visual information that is one of a series of related electronic images created for rapid display to allow the appearance of movement

Defendants' Citations To The Intrinsic Evidence

3.

P

video image(s) (claims 7, 8, 10, 14)

A "video image" is an electronic signal representation of visual information displayable in visual form on a monitor or other display device. Generally, a video image may represent a still image or a moving image. The video images referred to in the `121 claims are still video images.

`121 patent: Title ("Electronic Still Store ..."); Abstract (including: "[E]lectronic still store system stores and selectively outputs video image data defining a plurality of signal frame still images."); Figure (depicting "Video Input" as component of the patented system); Background of the Invention: 1:11-43 (including: "Digital electronic still store video display systems store a plurality of frames of video images on ... magnetic disk storage. ... The still store image can ... be combined with a second image to create a combined video image."), 50-54 ("U.S. Patent No. 4,302,776, "Digital Still Picture Storage System With Size Change Facility", to Taylor et al discloses a still store system in which multiple images may be ... simultaneous[ly] display[ed] as discussed above."); Summary of the Invention: 1:64-2:2 (including: "The [electronic still store] system includes an image store for storing therein a plurality of frames of video images ...."), 2:20-25 (describing that the electronic still store system may include "a video input, ..., a

Col. 1:15-19 ("Digital electronic still store video display systems store a plurality of frames of video images on relatively low cost magnetic disk storage. Any selected one of the stored image frames may then be communicated to a frame store...") Col. 2:1-2 ("The system includes an image store for storing therein a plurality of frames of video images...") Col. 2:22 ("...a monitor for viewing output video images...") Col. 2: 65-Col. 3:1 ("The video input circuit 12 may be another electronic still store system, a TV camera, or some other source of video data from which one or more frames of a video image may be captured.") Col. 3:47-48 ("a frame of a video image") Col. 3:58-63 ("Because of the two dimensional nature of a video image a quarter size image defined by video data

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 3

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence monitor for viewing output video images, and an output digital-to-analog converter coupled to convert the output video images ... to an analog form ...."), 44-45 ("Using this system an operator may rapidly scan many still frame images ..."); Detailed Description: 2:65-3:34 (including: "The video input circuit 12 may be another electronic still store system, a TV camera, or some other source of video data from which one or more frames of a video image may be captured. In the preferred embodiment ..., the video signal is processed in component form. ... The input [analog to digital converter] receives the video signal from the video input 12 and converts the video signal to the digital sampled data form ..."), 3:44-67 ("A frame store ... , is coupled ... to receive video data representing a frame of a video image from either [an input analog to digital converter] or from a multiple frame image store .... Because of the two dimensional nature of a video image a quarter size image defined by video data having one-fourth the spatial resolution of a full size image ... requires one-sixteenth the storage capacity...."); 4:2-7 ("Size reducer 26 is operable to receive video data from frame store 22 to convert the video data to a quarter spatial resolution copy thereof, ...."), 16-19 ("As a new frame of video data is transferred from frame store 22 to disk store 24, ... both the full resolution and the quarter resolution copy are transferred."), 28-40

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence having one-fourth the spatial resolution of a full size image requires one-sixteenth the storage capacity of a full size, full spatial resolution image.")

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 4

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence (including: "During system 10 operation frame store 22 repetitively accesses stored video data to generate a continuous stream of output video data frames representing the stored image."), Claims 1-15 Prosecution History: Original Application Claims (e.g., Claim 1 ("... frames of video images ..."), Claim 6 ("... analog video signal ..."), and Claim 11 ("... video still store system ...")); 2/4/85 Amendment, p. 3 (Paper 4) (defining "frames of video images" as "either full resolution frames or reduced resolution frames but not the combination of the two"); 2/24/87 Prelim. Amendment, pp. 5-12 (Paper 25) (e.g., Claim 2 ("... video frames ..."), Claim 7 ("... a video input ..."), and Claim 16 ("... storing video images ...")) Cited References: `776 patent, Fig. 21, 1:914 (including: "It is known to store still pictures (e.g., photographic slides) by using a television camera to convert the still photograph to a standard television format which is then stored on a suitable storage medium."), 29-34 ("According to the invention there is ... a digital still picture storage system for storing ... video frames comprising ... storage means for capturing a frame of video information in digital form ...."), 2:24-35, 3:63-66 ("[T]o assemble a sequence of still pictures ... into a television programme, it is necessary to identify each ... photograph[] held within the library system ...."), 4:21-36 (including: "[T]he picture library recording system ... has been

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 5

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence considered as storing still pictures ... the system can be adapted to capture moving pictures ...."; "When making a still shot from a moving shot, ..., it is necessary to `stop motion' between fields ...."), 51-57 (including: "Incoming video which may be from a still or moving picture ... is passed to analogue to digital converter (ADC) if not already in digital form."), 5:23-26, 12:44-46 ("[T]he system described would be suitable for NTSC (or for PAL or SECAM) modified as required to handle that type of T.V. format."); Boyd article; U.S. Patent 4,152,722, 1:9-14 ("This invention relates to ... a system for retrieving a part of a graphic information such as a map recorded on a recording medium in reduced scale and displaying the retrieved part thereof in a display device in enlarged scale."); EP 0 051 305 A1, Figs. 1-3, 10, 1:10-13 ("[A] picture information file device has been proposed which uses a 2-dimension scanning device ultilizing photoelectric conversion techniques with a laser beam or CCD elements."), 5:1-4 ("[W]hen ... set on an original table 2, the original is subjected to 2-dimensional scanning ... for reading the picture information."), 5:23-29 ("Picture information 9 such as a document is photoelectrically converted by 2-dimensional scanning .... The photoelectrically converted picture information (video signal) is supplied through the main control device 1 to a display device 13 such as a CRT display,

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 6

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence

4.

P

video still store (claim 12)

A "video still store" is a system capable of storing still video images.

...."), 9:23-30 ("[T]he 2-dimension scanning device 11 performs 2-dimension scanning and photoelectric conversion of the picture information such as a document set .... The line information ... is sequentially stored .... When picture information corresponding to one page is stored in the page buffer 21, the picture information is stored in the refresh memory 27 and is displayed at the display device 13 ....") See Construction 3. citations A television production system that holds and outputs for display image data for individual video images

Col. 1:11-14 ("This invention relates to a digital electronic still store for broadcast television signals and more particularly to a still store providing a high speed multiimage scan or sort capability.") `121 patent, Title ("Electronic Still Store With High Speed Sorting and Method of Operation") Col. 1:51-54 ("Taylor et al discloses a still store system in which multiple images may be accessed and reduced in size for simultaneous display as discussed above.") Col. 1:64-Col. 2:1 ("An electronic still store system in accordance with the invention rapidly generates and outputs for display to an operator a still image frame comprising a plurality of selectively positioned, reduce size images which may be simultaneously viewed for scanning or editing purposes.")

5.

D

data (all claims)

"Data" is information, in any

See Construction 3. citations

Numerical information

Col. 1:17-21 ("Any selected one of the

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 7

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence stored images frames may then be communicated to a frame store from which data defining the image is repetitively read out to generate a continuously displayed television image") Col. 3:8-11 ("[T]he video input 12 will include appropriate video signal decoding means to process video data received from sources that provide the data in an encoded form") Col. 3:19-24 ("The input AD 14 receives the video signal from the video input 12 and converts the video signal to the digital sampled data form in which each pixel of video data is represented by three eight bit data bytes defining respectively luminance, red chrominance and blue chrominance components.") Col. 3:47-48 ("video data representing a frame of a video image...") Col. 4: 16-19 ("As a new frame of video data is transferred from frame store 22 to disk store 24 for more permanent storage, both the full resolution and the quarter resolution copy are transferred.") Col. 4:1-7 ("A size reducer 26 is connected to be controlled by data from CPU 16 received over the system bus 20. Size reducer 26 is operable to receive video data from frame store 22 to convert the video data

("image data"; "video data"; "video pixel form, representing a video image. data") See also Construction 2.

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 8

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence to a quarter spatial resolution copy thereof, and communicate the quarter resolution copy back to frame store 22 for storage therein.") Col. 8:60-61 (claim 13) ("a data set representing one of the plurality of full size images") File History, Paper No. 28, at 21 ("multiple sets of second resolution pixel data are accessed from selected groups of memory locations in the second memory...to allow simultaneous read out and display of the multiple sets of data at the second resolution in a single composite mosaic") E.g., Col. 6:27-48 (claim 7) (random access memory means for storing said video pixel data from said random access memory...bulk memory means for receiving said video pixel data from said random access memory means...) E.g., Col. 6:53-63 (claim 8) ("random access memory means having an input port and an output port, for storing the video pixel data presented at the input port; said video pixel data representing the full size video image at a first resolution being stored in a first group of memory locations in said random access memory means; bulk storage memory for also storing the video pixel data...") Col. 4:2-7 ("[D]ata from CPU 16 received over the system bus 20. Size reducer 26 is operable to receive video data from frame

6.

D

data set(s) (claims 12, 13, 15)

A set of data. (For "data," see Construction 5.)

Prosecution History: 2/24/87 Prelim. A data set is a group of Amendment, pp. 11-12 (Paper 25); 4/29/88 numbers that collectively Amendment, pp. 13-16 (Paper 28); 10/7/88 represents an image Amendment, pp. 4-7 (Paper 30)

7.

D P D

Data (or data sets) representing the same image as the antecedent data (or said video pixel data (claim 7); the video data sets). pixel data (claims 8, 14); the video data (claim 10); said image data sets (claim 12); the data sets (claims 13, 15) Said...; the...

`121 patent: Figure (depicting flow from "Frame Store" or "Size Reducer" to "Disk Store"); Summary of the Invention: 2:1-5 ("[I]mage store for storing ... frames of video images with both a full ... resolution copy for full size video output and a reduced ... resolution copy for reduced size video output ...."), 2:29-31 ("The image store employed herein is a general purpose magnetic disk storage system as is currently used in general purpose digital computer systems."); Detailed Description: 3:1-34 (including: "In the preferred embodiment of the electronic still store system 10, the video signal is processed in component form. ... Therefore, the video input 12 will include appropriate video signal decoding means to process video data received ... in an encoded form. ... [A]n input video signal provided by the video input circuit 12, which typically

The data that is first referenced in the claims. For example, the data in the random access memory, the data in the first store, the data supplied by an external source, or the data sets provided at a first resolution. This "said video pixel data" is the same data used to generate a reduced size image.

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 9

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence includes video signal processing circuitry that prepares the signal for [A-D] conversion .... The A-D converter 14 converts the input video signal to a digital form which is suitable for handling and processing by digital circuitry."), 4:16-27 ("As a new frame of video data is transferred ... to disk store 24 ..., both the full ... and the quarter resolution copy are transferred. ... It should be noted that disk store 24 is a general purpose magnetic disk storage ...."), Claims 1-15 Prosecution History: 2/24/87 Prelim. Amendment, pp. 6-13 (Paper 25); 1/4/88 Office Action (Paper 26); 4/29/88 Amendment, pp. 6-23 (Paper 28)

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence store 22 to convert the video data to a quarter spatial resolution copy thereof, and communicate the quarter resolution copy back to frame store 22 for storage therein.") Col. 4: 16-19 ("As a new frame of video data is transferred from frame store 22 to disk store 24 for more permanent storage, both the full resolution and the quarter resolution copy are transferred.") File History, Paper No. 26, at AX061679 ("`video pixel data' is indefinite because it is not clear if it refers back to the pixel data recited in lines 5 and 6.") File History, Paper No. 28, at 7, 17 ("the claims in question have been amended to positively recite antecedents for the various terms")

8.

D D

Said...image; the...image (claim 11) resolution (claims 7, 8, 11, 13-15)

No construction necessary. The size of the image, measured in picture elements ("pixels") and/or lines.

`121 patent: Summary of the Invention: 2:120 ("The system includes an image store for storing ... both a full spatial resolution copy for full size video output and a reduced spatial resolution copy for reduced size video output .... The system may further include an image size reducer coupled to produce a quarter size reduced spatial resolution image in response to a full resolution image stored by the frame store...."), 2:37-43 (including: "[O]utput

Same as above Size of the image or image data measured by the number of pixels across and the number of pixels down

Same as above Col. 4:19-24 ("Since the quarter resolution copy is represented by only one-sixteenth the data of a full resolution copy, the communication and storage of the quarter resolution copy imposes only a small burden on both system operating time and extra storage space requirement within disk store 24.") Col. 4:2-7 ("Size reducer 26 is operable to receive video data from frame store 22 to

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 10

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence image formation time is approximately the 1/4 to 1/2 second required to transfer a single full size image instead of several seconds which would be required ... prior to resolution reduction and storage as a reduced size image."); Detailed Description: 3:24-26 ("Conventionally, the chrominance data has half the spatial resolution of the luminance data ...."), 3:58-4:24 (including: "A quarter resolution image ... requires the equivalent storage of 30 lines of a full resolution image. ... Since the quarter resolution copy is represented by only one-sixteenth the data of a full resolution copy, the communication and storage ... imposes only a small burden on ... operating time and extra storage space ...."), 4:41-50 (including: "In ... editing or browsing mode, CPU 16 commands disk store 24 to output reduced resolution image data ... for viewing in one of 16 reduced size image positions ... as a mosaic which fits within a normal full size image.") , 4:58-61 ("[O]nly an amount of data equivalent to one full size, full spatial resolution, image need be transferred from disk store 24 to define all 16 images."), Claims 1-15 `121 patent: Title ("... Still Store With High Speed Sorting ..."); Abstract (including: "[D]isplay of ... quarter sized images for scanning or sorting ... is facilitated by generating a quarter sized copy of each newly received image frame and storing both together on ... disk ...."); Figure; Background

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence convert the video data to a quarter spatial resolution copy thereof, and communicate the quarter resolution copy back to frame store 22 for storage therein.")

9.

P D

corresponding (claims 7, 10, 12, 13 and 15)

Having a working relationship. The use of "corresponding" in claim 12, and its use with "selected one(s)" in claim 7, and with "selectively accessing" in claims 13 and 15, taking

A "corresponding" reduced size image is one that relates to a full sized image in that it is a smaller (lower resolution) version of the full sized image.

E.g., Col. 6:28-31 (claim 7) ("one ... full size image[] at said first resolution and a corresponding reduced size version thereof at said second resolution") Col. 7:36-38 (claim 10) (describing the storage of video data "representing the video

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 11

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction each claim as a whole, requires that a relationship be maintained between each full size image and the reduced size image generated from that full size image.

Plaintiff's Citations To The Intrinsic Evidence of the Invention: 1:13-14 ("[S]till store providing a high speed multiimage ... sort capability."), 27-43 (including: "For example, ... an editor may wish to view and compare several images at the same time for the purpose of selecting those images which will be used in a television broadcast."), 5054 ("U.S. Patent No. 4,302,776 ... discloses a still store system in which multiple images may be accessed and reduced in size for simultaneous display as discussed above."); Summary of the Invention: 1:64-2:20 (including: "An electronic still store system in accordance with the invention rapidly generates and outputs for display ... a plurality of selectively positioned, reduce size images which may be simultaneously viewed for scanning or editing purposes. The system includes an image store for storing ... frames of video images with both a full spatial resolution copy ... and a reduced spatial resolution copy ... of each image being stored, ...."), 2:32-45 (including: "A system operator may view the reduced size images simultaneously for rapid scanning of some or all of the stored images within the image store, ...."), 48-51 ("Because of the rapid response rate [it] becomes feasible [to] develop[] and output[] data frames containing multiple reduced size images on demand during a television broadcast."); Detailed Description: 2:62-4:27 (describing components of the invention depicted in the Figure, including, in the preferred

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence images corresponding to the selected raster size.") Col. 8:22-24 (claim 12) ("each of said reduced size image data sets corresponding to one of the full size image data sets") Col. 8:52-55 (claim 13) ("second data sets representing a corresponding plurality of reduced size reproduction images at a second lower spatial resolution") Col. 4:12-15 ("Hence, any time frame store 22 receives a video image frame that does not have a corresponding quarter resolution copy, the size reducer 26 may be used to make such a copy.")

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 12

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence embodiment: "The frame store 22 [that] ... contains initially or is expanded to contain, storage of video data representing a ... full size image, as well as a quarter resolution copy thereof. ... As a new frame of video data is transferred from frame store 22 to disk store 24 ..., both the full ... and the quarter resolution copy are transferred."), 4:7-9 ("... corresponding ..."), 4:45-67 (including: "In ... editing or browsing mode, CPU 16 commands disk store 24 to output reduced resolution image data which is selectively positioned in frame store 22 .... [T]he 16 viewable images may be taken sequentially from disk store 24 starting with the selected image frame. This mode is useful when scanning all of the images stored by disk store 24."), Claims 1-15 Prosecution History: Original Application Claims; 1/30/86 Amendment, pp. 11-12 (Paper 13); 4/29/88 Amendment, p. 19-22 (Paper 28) Cited References: `776 patent, Fig. 21, 3:3945 ("[T]he disc store may hold several hundred separate pictures and the problem of examining the contents ... in order to find a picture ... exists. It has already been described ... to include identification data to identify a particular picture held in storage."), 3:53-4:11, 4:45-49 ("Although the selection of a desired picture actually displayed in ... a picture matrix ... or as one of a list of titles has been described as selected via the keyboard, it would also be

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 13

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence possible to select desired pictures by use of a light pen ...."), 12:23-43; Boyd article (including: "The Ident display overlays the true Picture number when using the "browse" feature, so that the various chosen Pictures may be easily identified.") 121 patent: Abstract: (including "[S]ystem ... selectively outputs video image data ...."); Background of the Invention: 1:17 ("Any selected one ..."), 1:23-24 ("... a selected still store image ..."), 1:33 ("... for the purpose of selecting those images ..."), 1:46-47 ("... selectively position video images ..."); Summary of the Invention: 1:67 ("... selectively positioned ..."), 2:14-15 ("... selectively located ..."), 2:46 ("... lists of randomly selected image frames ..."); Detailed Description: 4:47 ("... selectively positioned ..."), 4:52 ("... starting with a selected image frame."), Claims 1-15

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence

10. D

selective; selectively (claims 7, 13, 14, 15)

"Selective" means characterized by selection. "Select" means chosen in preference to another or others.

The ability to choose (i.e., select) E.g., "Selectively generating" means that there is the ability to choose (i.e., select) whether to generate reduced size images.

E.g., Col. 6:41-45 (claim 7) ("means responsive to said random access memory means for selectively generating one of said corresponding reduced size versions from the respective full size image in said random access memory means")

E.g., Col. 8: 11-14 (claim 11) ("selectively transferring either the full size image or the E.g., "Selective" transfer reduced size image from said bulk storage means that there is the ability memory into said random access memory") to choose (i.e., select) Col. 4:7-15 ("when video data received from whether to transfer reduced disk store 24 does not contain a size images from the size corresponding quarter spatial resolution reducer through random copy, size reducer 26 may be employed to access memory to bulk generate a quarter spatial resolution copy for storage. subsequent transfer to either frame store 22 or disk store 24. Hence, any time frame store 22 receives a video image frame that does not have a corresponding quarter resolution copy, the size reducer 26 may be used to make such a copy.") Col. 1:46-47 (describing the prior art, "joysticks may be used to selectively position video images on a television

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 14

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence display.") File History, Paper No. 28, at 7 (amending claim 18 to state "means for selectively generating one of said corresponding reduced size versions.")

11. P

selected one(s) (claim 7)

12. P

Refers to the image(s) chosen by the system for output from the bulk memory based upon a user's command. The use of "selected one(s)" with "corresponding" in claim 7, taking the claim as a whole, requires that a relationship be maintained between each full size image and the reduced size image generated from that full size image. presenting selected groups of video data Presenting data for selected (claim 8, 14) images to the random access memory during the operation of the apparatus. The use of this phrase with "selective transfer" in claims 8 and 14, taking each claim as a whole, requires that a relationship be maintained between each full size image and the reduced size image generated from that full size

See Construction 9. citations See also Construction 10. "selective"

"Selected one" refers to a regarding single image that has been chosen. Neither this phrase nor the claim as a whole requires that "a relationship be maintained..."

Col. 4:45-50 ("In a second, editing or browsing mode, CPU 16 commands disk store 24 to output reduced resolution image data which is selectively positioned in frame store 22 for viewing in one of 16 reduced size image positions in a 4x4 array as a mosaic which fits within a normal full size image.") `121 patent, Abstract ("An electronic still store system stores and selectively outputs video image data defining a plurality of signal frame still images.")

See Construction 9. citations See also Construction 10. "selective"

Providing multiple sets of regarding "video data" that have been chosen Neither this phrase nor the claim as a whole requires that "a relationship be maintained..."

See intrinsic evidence cited for "video data"

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 15

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction image.

Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence

13. P

14. P

selective(ly) transfer(ring) (claims 8, 10, 11, A transfer (or access) 14); selectively accessing (claims 13, 15) characterized by a selection. (See also Construction 35.). The use of "selective transfer" with "presenting selected groups of video data" in claims 8 and 14, the use of "selectively transferring" in claims 10 and 11; and the use of "selectively accessing" with "corresponding" in claims 13 and 15, taking each claim as a whole, requires that a relationship be maintained between each full size image and the reduced size image generated from that full size image. succession of full size images; successive full A plurality of full size size images (claim 7) images that are each processed in the manner claimed.

See Construction 9. citations See also Construction 10. "selective"

See "selective; selectively" regarding Neither this phrase nor the claim as a whole requires that "a relationship be maintained..."

See intrinsic evidence cited for "selective; selectively"

The `121 patent generally, including: Title; A series of "full size" sets of Abstract (including: "[S]ystem stores and "video pixel data" selectively outputs ... data defining a plurality of signal frame still images."); Figure (depicting "Video Input" flowing to "Frame Store" that interfaces with "Size Reducer"); Background of the Invention: 1:15-17 ("Digital electronic still store video display systems store a plurality of frames of video images on ... disk storage."), 27-28 ("The disk store is capable of storing a large library of single frame images .... ");

See intrinsic evidence cited for "pixel data" and "full size"

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 16

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Claim Term(s) Or Phrase(s)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence Summary of the Invention: 2:1-16 (including: "[I]mage store for storing therein a plurality of frames of video images with both a full spatial resolution copy ... and a reduced spatial resolution copy ...."); Detailed Description: 2:65-3:1 ("The video input circuit 12 may be ... some ... source of video data from which one or more frames of a video image may be captured."), 3:6568 ("[F]rame store 22 ... contains ... storage of video data representing a full resolution full size image, as well as a quarter resolution copy thereof."), 4:16-19 ("As a new frame of video data is transferred from frame store 22 to disk store 24 ... both the full resolution and the quarter resolution are transferred."), 4:41-44 ("When operating in a first, ... mode, frame store 22 receives a full resolution frame of video data from disk store ...."), Claims 1-15 Prosecution History: 2/24/87 Prelim. Amendment, pp. 6-7, 12-13 (Paper 25); 1/4/88 Office Action (Paper 26); 4/29/88 Amendment, pp. 6-7, 17-23 (Paper 28); 10/7/88 Amendment, pp. 8-13 (Paper 30) Cited References: `776 patent, 1:9-14 ("It is known to store still pictures (e.g., photographic slides) ...."), 1:29-34 ("According to the invention there is ... a digital still picture storage system for storing a plurality of video frames comprising ... frame storage means for capturing a frame of video information ..., non-real time storage means for receiving and storing digital data

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 17

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Plaintiff's Citations To The Intrinsic Evidence ...."), 2:24-25 ("[T]he recording system includes a camera 12 for receiving an image of slide 10."), 4:21-23 ("[T]he picture library recording system ... has been considered as storing still pictures themselves taken from still pictures (e.g., slides) ....") See Construction 14. citations Also: `121 Patent: Detailed Description: 3:55-57 ("The storage capacity provided by presently available 64K memory chips enables storing up to 750 lines of video data.") Prosecution History: 2/4/85 Amendment, pp. 3-4 (Paper 4); 1/30/86 Amendment, pp. 1012 (Paper 13) Cited References: U.S. Patent 4,152,722

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence

15. P D

full size image(s) (claims 7, 8, 11, 12, 13, The larger of the two sizes of 15); full size video image (claims 8, 14); image required by the claim. video image normally occupying a raster of selected vertical and horizontal size (claim 10)

An image that is the same size (resolution) as the television display and therefore occupies the full screen of the television display, but no more.

Col. 2:1-8 ("The system includes an image store for storing therein a plurality of frames of video images with both a full spatial resolution copy for full size video output and a reduced spatial resolution copy for reduced size video output of each image being stored, and a frame store which is operable in a first mode to receive from the image store, store and repetitively generate a full spatial resolution output image frame.") Col. 2:40-43 ("[A] single full size image instead of the several seconds which would be required to transfer 16 full size images prior to resolution reduction and storage as a reduced size image.") Col. 3:55-68 ("The storage capacity provided by presently available 64K memory chips enables storing up to 750 lines of video data. In any event, out of a 525 line NTSC frame of data only about 484 lines represent video data. Because of the two dimensional nature of a video image a quarter size image defined by video data having one-fourth the spatial resolution of a full size image requires one-sixteenth the storage capacity of a full size, full spatial

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 18

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Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence resolution image. A quarter resolution image thus requires the equivalent storage of 30 lines of a full resolution image. In any event the frame store 22 either contains initially or is expanded to contain, storage of video data representing a full resolution full size image, as well as a quarter resolution copy thereof.") Col. 4:41-44 ("When operating in a first, normal broadcast mode, frame store 22 receives a full resolution frame of video data from disk store 24 and outputs a continuous television image in digital data form in response thereto.") Col. 4:45-50 ("In a second, editing or browsing mode, CPU 16 commands disk store 24 to output reduced resolution image data which is selectively positioned in frame store 22 for viewing in one of 16 reduced size image positions in a 4x4 array as a mosaic which fits within a normal full size image.") Col. 2:17-20 ("The system may further include an image size reducer coupled to produce a quarter size reduced spatial resolution image in response to a full resolution image stored by the frame store...") Col. 2:37-39 ("Because the images are read from the image store in reduced size and

16. P D

reduced size version (claim 7); reduced size image(s) (claims 8, 11, 12, 14); video image at a selected fractional-size of said selected raster size (claim 10); reduced size reproduction images (claims 13, 15)

The smaller of the two sizes of image required by the claim, which is generated from the claimed full size image using a size reducer.

The `121 patent generally, including: Title; Abstract (including: "[G]enerating a quarter sized copy of each ... image frame .... The quarter size image can then be recalled directly for a multi-image scan or sort ...."; Figure (depicting a "Video Input" flowing to "Frame Store" that interfaces with "Size Reducer"); Background of the Invention: 1:27-30 ("[S]toring a large library of single frame images and it is often desirable to

An image that is generated from, and smaller in size (resolution) than, the full size image

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 19

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Plaintiff's Citations To The Intrinsic Evidence generate a reduced size multiple image picture ...."); Summary of the Invention: 2:120 ("The system includes ... storing ... both a full spatial resolution copy ... and a reduced spatial resolution copy ... of each image being stored .... The system may further include an image size reducer coupled to produce a quarter size ... image in response to a full ... image stored by the frame store, ....") , 2:32-51 (including: "[A]n array of 16 reduced size images ... output as a single image frame."); Detailed Description: 2:6265 ("[R]apidly assembling as a single image frame an array of reduced size images ...."), 3:65-68 ("[F]rame store ... contains ... video data representing a ... full size image, as well as a quarter resolution copy thereof."), 4:1-7 ("Size reducer 26 is operable to receive video data from frame store 22 to convert the video data to a quarter spatial resolution copy thereof, ...."), 4:45-63 (including "[O]utput reduced resolution image data ... in one of 16 reduced size image positions ... which fits within a normal full size image."), Claims 1-15 Prosecution History: 2/4/85 Amendment, pp. 3-4 (Paper 4) (defining "frame" as "either a full or reduced spatial image but not both"); 1/30/86 Amendment, pp. 10-12 (Paper 13); 2/24/87 Prelim. Amendment, pp. 12-13 (Paper 25); 4/29/88 Amendment, pp. 17-23 (Paper 28); 10/7/88 Amendment, pp. 8-13 (Paper 30)

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence spatial resolution,...") Col. 3:55-68 ("The storage capacity provided by presently available 64K memory chips enables storing up to 750 lines of video data. In any event, out of a 525 line NTSC frame of data only about 484 lines represent video data. Because of the two dimensional nature of a video image a quarter size image defined by video data having one-fourth the spatial resolution of a full size image requires one-sixteenth the storage capacity of a full size, full spatial resolution image. A quarter resolution image thus requires the equivalent storage of 30 lines of a full resolution image. In any event the frame store 22 either contains initially or is expanded to contain, storage of video data representing a full resolution full size image, as well as a quarter resolution copy thereof") Col. 4:1-7 ("A size reducer 26 is connected to be controlled by data from CPU 16 received over the system bus 20. Size reducer 26 is operable to receive video data from frame store 22 to convert the video data to a quarter spatial resolution copy thereof, and communicate the quarter resolution copy back to frame store 22 for storage therein.")

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 20

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Claim Term(s) Or Phrase(s) 17. P random access memory means for storing video pixel data representing one of a succession of full size images ... and a corresponding reduced size version thereof.... (claim 7) random access memory means ... for storing the video pixel data .... said video pixel data representing the full size video image ... being stored in a first group of memory locations in said random access memory means.... supplying said reduced size image ... back to said random access memory means in a second group of memory locations therein.... (claims 8, 14) a first store for receiving video data for storage ... said first store having a capacity for storing the video data representing the video image corresponding to the selected raster size simultaneously together with the video data ... representing said reproduction of the video image at the selected fractionalsize.... (claim 10) storing the reduced video pixel data representing the reduced size image in additional storage locations in said random access memory along with the full video pixel data (claim 11) a memory for simultaneous storage of one of said full size image data sets and a corresponding one of said reduced size image data sets (claim 12)

Plaintiff's Proposed Construction Claim 7, element 1, claims 8 and 14, elements 1, 2 and 4, claim 10, element 2, claim 11, element 3, and claim 12, element 3, including their interaction with other claim elements, taking each claim as a whole, require that video pixel data (or "video data" or "data sets") representing each full size image and video pixel data (or "video data" or "data sets") representing its corresponding reduced size image must be stored in the random access memory (or "first store" or "memory") simultaneously (i.e., at the same time -- see Construction 32.).

Plaintiff's Citations To The Intrinsic Evidence `121 patent: Figure (depicting flow from "Video Input" to "Frame Store" to "Size Reducer" and back to "Frame Store"); Background of the Invention: 1:11-61 (describing the prior art method of browsing where "each of the ... images ... must first be read from the disk store as full size images and then reduced for insertion into the multiimage display"); Detailed Description: 3:4468 (including: "Frame store 22 is a random access store ... capable of storing more data than is required for a single video image frame. ... [T]he frame store ... contains ... video data representing a full resolution full size image, as well as a quarter resolution copy thereof.") 4:1-7 (including: "Size reducer 26 is operable to ... communicate the quarter resolution copy back to frame store 22 for storage therein."), 4:16-19 ("As a new frame of video data is transferred ... for ... storage [in disk store], both the full resolution and the quarter resolution copy are transferred."), 4:28-31, 4:41-44, Claims 1-15 Prosecution History: 1/30/86 Amendment, pp. 10-12 (Paper 13) (including: "The Boyd system does not teach the use of a frame store that is capable of storing both a full ... and a corresponding reduced ... image frame at the same time."); 11/20/86 Amendment (Paper 17); 2/3/87 Interview Summary (Paper 20); 2/3/87 Advisory Action (Paper 21); 2/24/87 Prelim. Amendment, pp. 12-13 (Paper 25); 7/22/88 Office Action (Paper

Defendants' Proposed Construction Random access memory means is random access memory. Claims 10 and 12 specifically describe storing full and reduced size images in the random access memory "simultaneously" and claim 11 specifically describes storing the reduced size images in random access memory "along with" the full size image. Claims 7, 8, and 14 do not recite this requirement. Neither the language cited from claims 7, 8 and 14 nor "each claim as a whole" requires "that video pixel data ... representing each full size image and video pixel data ... representing its corresponding reduced size image must be stored in the random access memory .... simultaneously...."

Defendants' Citations To The Intrinsic Evidence Col. 7:42-49 (claim 10) ("said first store having a capacity for storing the video data representing the video image corresponding to the selected raster size simultaneously together with the video data supplied by said video image size reducer representing said reproduction of the video image at the selected fractional-size.") Col. 8:5-8 (claim 11) ("storing the reduced video pixel data representing the reduced size image in additional storage locations in said random access memory along with the full video pixel data.") Col. 8:25-27 (claim 12) ("[A] memory for simultaneous storage of one of said full size image data sets and a corresponding one of said reduced size image data sets.") Col. 6:20-22 (claim 6) ("wherein said image store stores the reduced size image data set along with the previously stored corresponding full size image data set.")

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 21

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Defendants' Citations To The Intrinsic Evidence

18. P

outputting upon a user's command ... The quoted portions of selected ones of the corresponding reduced claims 7, 10, 12, 13 and 15, taking each claim as a size versions.... (claim 7) whole, require that when the means for selectively transferring ... video applicable mode of operation data representing a plurality of is commanded, selected or reproductions at the selected fractionalactivated, the plurality of size.... (claim 10) reduced size images are said memory further supplying as an output automatically output, image ... the plurality of reduced size image transferred, accessed or data sets arranged at different locations retrieved. within the output image.... (claim 12) selectively accessing ... a data set

29); 10/7/88 Amendment (Paper 30) (including: "[The invention] returns the reduced size image ... to the frame store for storage thereof simultaneously with the corresponding full size image."; "Taylor et al fails to store both the full size image and its reduced size version in his frame store as described and claimed by applicant"; "Claims ... are variously amended herewith to further clarify the language ... over ... Taylor et al. Claim 18 recites inter alia; a `random access memory means for ... storing video pixel data representing ... full size images ... and a corresponding reduced size version ...'"; "Taylor et al fails to teach the above features of storing both image sizes simultaneously in the [RAM], ....") Cited References: `776 patent, Figs. 15, 16, 18, 19, 21, 1:41-42, 3:5-7, 3: 22-35, 3:54-60, 4:45-49, 9:39-10:16, 11:9-47, 12:23-43 See Construction 26. citations Other than individual terms within each of these elements that are separately construed herein, these elements do not require further construction. Neither the cited claim language nor "each claim as a whole" requires "that when the applicable mode of operation is commanded, selected or activated, the plurality of reduced size

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 22

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Claim Term(s) Or Phrase(s) representing one of the corresponding plurality of the reduced size reproduction images, simultaneously. (claim 13)

Plaintiff's Proposed Construction

Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction images are automatically output, transferred, accessed or retrieved."

Defendants' Citations To The Intrinsic Evidence

19. D

selectively accessing ... one of the sets of the corresponding plurality of the reduced size reproduction images simultaneously..... retrieving a plurality of reproduction images ... and outputting the stored plurality of retrieved images as a mosaic of reproduction images.... (claim 15) either...or (claims 7, 8, 10, 11, 12, 14) See Construction 20.

See Construction 20.

"Either ... or" means one or the other but not both. Outputting, transferring, or supplying either the full size image(s) or the reduced size image(s) means that the full size image(s) is/are output, transferred, or supplied, or the reduced size image(s) is/are output, transferred, or supplied, but not both.

E.g., Col. 6:36-39 (claim 7) ("for outputting upon a user's command, either a selected one of the successive full size images or selected ones of the corresponding reduced size versions thereof...") E.g., Col. 8:11-14 (claim 11) ("selectively transferring either the full size image or the reduced size image from said bulk storage memory into said random access memory for further processing") Col. 8:33-38 (claim 12) ("said memory being responsive to either the external source or the image store for storing said one of said full size image data sets, and for supplying to the image store both the stored one of said full size image data sets and the corresponding one of said reduced size image data sets") Col. 2:5-16 ("[A] frame store which is operable in a first mode to receive from the image store, store and repetitively generate a

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 23

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Plaintiff's Citations To The Intrinsic Evidence

Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence full spatial resolution output image frame. The frame store is operable in a second mode to receive from the image store and store a plurality of reduced spatial resolution image frames. The frame store is further operable in the second mode to repetitively generate an output image frame having an image from each of the plurality of reduced spatial resolution image frames selectively located at a different position within the output image frame.") Col. 3:47-49 ("...to receive video data representing a frame of a video image from either input A-D 14 or from a multiple frame image store") Col. 4:11-12 ("...transfer to either frame store or disk store...") Col. 4:41-57 ("When operating in a first, normal broadcast mode, frame store 22 receives a full resolution frame of video data from disk store 24 and outputs a continuous television image in digital data form in response thereto. In a second, editing or browsing mode, CPU 16 commands disk store 24 to output reduced resolution image data which is selectively positioned in frame store 22 for viewing in one of 16 reduced size image positions in a 4.times.4 array as a mosaic which fits within a normal full size image. Under operator control, the 16 viewable images may be taken sequentially

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 24

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Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence from disk store 24 starting with a selected image frame. This mode is useful when scanning all of the images stored by disk store 24. Alternatively, the 16 images may be taken randomly from a list of stored images developed by the operator. This mode is especially useful when it is desired to compare certain images.") Col. 5:37-48 (claim 3) ("The electronic still store system according to claim 1, wherein said frame store means includes a central processing unit, controlled by an operator in said first mode for selecting which of said full spatial resolution images stored in said image store means is to be retrieved from the image store means, and in said second mode for selecting which of said reduced spatial resolution images stored in said image store means are to be retrieved and stored in said frame store means, and further for selecting the different positions within a video frame at which each of said retrieved reduced spatial resolution images is stored.") Col. 6:12-19 (claim 6) ("frame store means for storing one of said full size image data sets from either the external source or said image store, wherein if said image store does not supply a corresponding reduced size image data set, said frame store outputs a copy of said full size image data set to said size reducer, and receives in turn a

Note: "P" denotes terms or phrases offered by Plaintiff for construction, to which Defendants respond; "D" denotes terms or phrases offered by Defendants for construction, to which Plaintiff responds. 25

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Defendants' Proposed Construction

Defendants' Citations To The Intrinsic Evidence corresponding reduced size image data set")

20. P

In the quoted portions of claims 7, 10 and 12, the claimed "outputting," "transferring" or "supplying" is of either a full size image selective transfer from said bulk storage or, alternatively, a plurality memory ... into said random access memory of reduced size images. means of either said full size image at said first resolution or said reduced size image at In the quoted portions of claims 8, 11 and 14, the said second lower resolution (claims 8, 14) claimed "transfer" is of selectively transferring from said second either a full size image or, store ... to said first store either video data alternatively, one or more representing [one] of the plurality of video reduced size images. images corresponding to the selected raster size, or video data representing a plurality of reproductions at the selected fractional-size of said selected raster size (claim 10) outputting upon a user's command, either a selected one of the successive full size images or selected ones of the corresponding reduced size versions thereof (claim 7) selectively transferring either the full size image or the reduced size image from said bulk storage memory into said random access memory for further processing (claim 11) said memory further supplying as an output image either the plurality of reduced size image data sets arranged at different locations within the output image, or the full size image data set (claim 12)

`121 patent: Abstract; Background of the Invention: 1:15-26; Summary of the Invention: 1:64-2:16 (describing that the frame store has a first mode to "receive from the image store, store and repetitively generate full spatial resolution output image frame" and a second mode to "receive from the image store and store a plurality of reduced spatial resolution image frames" and "generate an output image frame having an image from each of the plurality of reduced spatial resolution images frames ..."), 2:3236, 2:44-45; Detailed Description: 2:62-64, 3:44-50 ("A frame store 22 which ... is coupled to ... receive video data ... from either input A-D 14 or from a multiple frame image store ...."), 3:65-68 ("[F]rame store 22 either contains initially or is expanded to contain, ... video data representing a ... full size image, as well as a quarter resolution copy thereof."), 4:7-12 (including: "[S]ize reducer 26 may be employed to generate a quarter spatial resolution copy for subsequent transfer to either frame store 22 or disk store 24."), 4:41-57 (describing operation of the patented invention where "in a first, ... mode, frame store 22 receives a full resolution frame of video data from disk store 24 and outputs a continuous television image in digital data form in response thereto" and "[i]n a second, ... mode, ... disk

"Either ... or" means one or the other but not both. Outputting, transferring, or supplying either the full size image(s) or the reduced size image(s) means that the full size image(s) is/are output, transferred, or supplied, or the reduced size image(s) is/are output, transferred, or supplied, but not both.

See citations to intrinsic evidence