Ex parte NAGAO - Page 11




          Appeal No. 95-0792                                                          
          Application No. 07/828,092                                                  


          138 (Fed. Cir. 1986) and Lindemann Maschinenfabrik GMBH v.                  
          American Hoist & Derrick Co., 730 F.2d 1452, 1458, 221 USPQ                 
          481, 485 (Fed. Cir. 1984).                                                  
               We note that the Examiner did not make clear what                      
          elements in the Gold Figure 7 correspond to the claimed                     
          "multi-dimensional image", "image elements" and "multi-                     
          dimensional regions" as recited in Appellant's claims.  As                  
          disclosed on page 5 of Appellant's specification and the                    
          abstract, Figure 5 shows a two-dimensional image 23 which is                
          divided or partitioned into a plurality of overlapping regions              
          25, 27, 29 and 31.  Appellant further discloses that the                    
          pixels, image elements, within each of these regions are                    
          weighted in accordance with a predetermined function.                       
               Turning to the claim language, Appellant's claim 1                     
          recites "partitioning a multi-dimensional image comprising a                
          plurality of image elements into overlapping multi-dimensional              
          regions."  Furthermore, we note that claim 1 recites "applying              
          a predetermined weighting function to the image elements                    
          within each region."  We note that Appellant's claim 15                     
          recites similar language.                                                   


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