Interference No. 103,587
We agree with Levien that the total number of background white dots does not change in
an area such as defined by circle B, and Katayama has provided no detailed analysis illustrating
that the situation is otherwise. Nevertheless, this argument is not controlling because it does not
establish that Katayama does not produce variable size dots.
Levien generates a variable size dot from a plurality of adjacent dots. Although Levien
has no figure in its disclosure illustrating variable size dots, Levien’s patent, at column 1, lines
38-40, indicates that U.S. Patent No. 4,012,584 teaches the technique of simulating gray shades
by varying the size of dots. Figure 2 of the ‘584 patent shows a plurality of 18 adjacent dots (the
18 dots identified by “X” markings) forming a moderate size dot; Figure 6 of the patent shows a
plurality of 8 adjacent dots forming a small dot; and Figure 8 shows a plurality of 30 adjacent
dots forming a large dot. Katayama’s technique in both its prior applications and its involved
application is similar in that the size of dots produced is variable. For example, the lower halves
of KX-8 and KX-9 most clearly illustrate variable size black dots and the upper halves of the
exhibits illustrate variable size white dots. Some dots consist of but one dot while other dots
consist of two, three, four or more adjacent dots. The dictionary definitions relied on by Levien
do not exclude oblong areas as produced by Katayama as dots.5
Levien’s Belated Motion to Deny Katayama Benefit of
Katayama’s Japanese Applications under 35 U.S.C. § 119
The belated preliminary motion of Levien to deny the benefit accorded Katayama of the
filing date of its earlier filed Japanese applications, said preliminary motion having been filed
nearly ten months after the March 12, 1996 deadline for filing preliminary motions, is dismissed
5 At paragraph 18 of the testimony of Raphael Levien, Levien testified to the effect that his image LX-12 comprises
a printout of variable size elongated dots, each dot comprising adjacent pluralities of dots.
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