Ex parte NICPONSKI - Page 7




          Appeal No. 95-4390                                                          
          Application08/066,273                                                       


          scanning means or the recording means, but the examiner                     
          provides an analysis as to why these elements would have been               
          an obvious modification to Obata.  We note that appellant does              
          not question these particular findings of the examiner.  Thus,              
          we accept the examiner’s conclusion that at least the claimed               
          scanning means and the recording means would have been obvious              
          to the artisan in view of the teachings of Obata.                           
          The examiner also notes that Obata “fails to                                
          explicitly disclose” the means for “defining a density contour              
          shape” and “defining a density gradient profile” [answer,                   
          pages 5-6].  Although the examiner’s analysis nominally looks               
          at this question as an obviousness question, the examiner’s                 
          analysis also makes it clear that the examiner’s position is                
          that these parameters, in fact, already exist in Obata.  Thus,              
          the examiner finds that the edges of the shapes in Obata                    
          define contour shapes within the meaning of the claim.                      
          Likewise, the examiner finds that the calculation of shadows                
          of varying intensity in Obata is a determination of density                 
          gradients because a varying density defines a density gradient              
          profile [answer, page 6].  Therefore, the obviousness issue                 
          with respect to claim 7 actually reduces to a consideration of              
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