Ex parte THIERET - Page 7




          Appeal No. 95-2848                                                          
          Application 07/796,971                                                      


          previously amended pixels and does not consider the relative                
          intensities of surrounding pixels at all.  Additionally, the                
          Kojima technique would not enhance the performance of the                   
          Kitamura device, and as pointed out by appellant, would likely              
          result in the edge pixels of Kitamura being less smooth rather              
          than more smooth.  There would thus be no motivation to even                
          attempt to apply the pixel correction technique of Kojima to the            
          smoothing technique described by Kitamura.                                  
          For all the reasons just discussed, the record in this                      
          case does not support the obviousness of the invention as set               
          forth in claims 1 and 8.  Therefore, we do not sustain the                  
          rejection of claims 1 and 8.  Since claims 4, 5, 11 and 12 depend           
          from either claim 1 or claim 8, we also do not sustain the                  
          rejection of these claims.                                                  
          We now consider the rejection of claims 2, 3, 6, 7, 9,                      
          10, 13 and 14 under 35 U.S.C. § 103 as unpatentable over the                
          teachings of Kitamura, Kojima and Bantz.  Appellant indicates               
          that these claims stand or fall together [brief, pages 5 and 9-             
          10].  These claims are all dependent claims which depend from               
          either claim 1 or claim 8.  For reasons discussed above, the                
          invention of claims 1 and 8 is not suggested by the collective              
          teachings of Kitamura and Kojima.  Therefore, the first question            

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