Ex parte MARKANDEY et al. - Page 6




              Appeal No. 1997-1981                                                                                         
              Application No. 08/298,547                                                                                   


              a manner which would not detrimentally affect the image quality.  Niehaus teaches the use                    
              of a total unity gain (sum of the weights equals 1.00). (See Niehaus at col. 10.)                            
                     Appellants argue that Nakamura “only discusses calculation of the coefficients of                     
              the generalized Parks-McClellan transform.  It doesn’t even discuss image scaling or                         
              determining coefficients based on estimated close to ideal frequency response.”  (See                        
              brief at page 6.)  In our view, the specific coefficients and algorithm would have depended                  
              on the specific filter and the use of that filter.  Here, the language of claim 1 only sets forth            
              the broad area of image scaling which is taught by Niehaus.                                                  
                     Appellants argue that “[n]othing like this is found in any of these cited and applied                 
              references.”  (See brief at page 7.)  The examiner responds with citations to the                            
              appropriate applied references at page 7 of the answer and states that “[w]hile appellant                    
              may not agree that these sections do not teach these limitations, the appellant has offered                  
              no other interpretation of the references that may be valid.”  We agree with the examiner.                   
              The language of claim 1 is directed to a broad method of “forming an image scaling filter”                   
              and the examiner has pointed out the relevant teachings in the prior art references and                      
              motivation to combine the relevant teachings and suggestions.  Appellants have not                           
              provided any evidence to rebut this prima facie case of obviousness set forth by the                         
              examiner.  Therefore, we will sustain the rejection of claim 1.                                              




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