Ex parte BARRETT - Page 9




          Appeal No. 1996-0485                                       Page 9           
          Application No. 08/139,456                                                  


          Sanders, nor Cook cures the aforementioned defect of                        
          Admission.  The examiner has not identified anything in these               
          references or the prior art as a whole that would have                      
          suggested dithering image data in the YUV format before                     
          quantizing the data.                                                        


               Also regarding claims 1-21, the appellant makes the                    
          following argument.                                                         
               [A]ssuming for the purposes of argument that                           
               Deacon's teaching is combined with that of the                         
               "admitted" prior art, such combined teaching would                     
               be to perform Deacon's color palette look-up                           
               operation (step 74 of Deacon's Fig. 13) on RGB                         
               display data after YUV-to-RGB conversion; not before                   
               YUV-to-RGB conversion as in the claims on appeal.                      
               (Appeal Br. at 15.)                                                    

          In response, the examiner asserts, “it has been decided by the              
          [U.S. Court of Customs and Patent Appeals] that the test for                
          obviousness is not whether the features of one reference may                
          be bodily incorporated into the structure of another, and                   
          proper inquiry should not be limited to the specific structure              
          shown by the references, but should be into [sic] the concepts              
          fairly contained therein.”  (Examiner’s Answer at 7-8.)                     









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