Ex Parte WADA et al - Page 6




              Appeal No. 2001-1420                                                                                        
              Application No. 08/988,453                                                                                  

                     Even if Figure 1 of Dir might be considered as showing a multi-tone level                            
              including at least three levels (i.e., at least three gray levels), as attributed by the                    
              rejection, we do not find the teaching relevant to multi-tone level control with respect to                 
              formation of a pixel, as recited in instant claims 1 and 13.  Moreover, in our opinion,                     
              proper interpretation of the term “pixel” as used in the claims also serves to distinguish                  
              over the method and apparatus described by Takahashi.                                                       
                     While most of the examiner’s discussion centers on Figure 1 of Dir, as we have                       
              previously noted the statement of the rejection (Answer at 4) refers to Figures 1 and                       
              4(c) for the teaching of “multi-tone level including at least three levels.”  The “Response                 
              to Argument” section of the Answer adds reference to Dir’s Figure 7.                                        
                     Figure 1 of Dir shows a related art method of presenting gray levels in a “typical”                  
              reproduction section using halftone cells.  Col. 1, ll. 29-43.  Figure 4(c) is essentially                  
              unrelated to the prior system of Figure 1.  Figure 4(c) shows a measured gray level as a                    
              function of time as toner is propelled through a shutter (Figs. 3(a) and 3(b)) in a direct                  
              electrostatic printing (DEP) element.  Col. 4, ll. 3-19.  Dir’s invention is deemed an                      
              improvement over use of halftone cells, utilizing pulse-width-modulated signals that                        
              control gray levels of individual pixels.  Col. 3, ll. 17-51 and Fig. 2.  Further details of the            
              embodiment are set out in columns 4 and 5 of the reference.                                                 
                     While the embodiment of Dir’s invention may be considered as showing a multi-                        
              tone level including at least three levels, the teaching is no closer to the instant claimed                
              subject matter than the prior art driver ICs described on pages 2 and 3 of the instant                      
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