Ex Parte KRISHNAMACHARI - Page 3




          Appeal No.  2001-2620                                                       
          Application No.  09/110,613                                                 

               The following references are relied on by the Examiner:                
                                    U.S. Patent                                       
               Hirata              5,781,899           Jul. 14, 1998                  
                                             (filed Oct. 26, 1995)                    
                       European Published Patent Application                          
               Hiroaki        EP 0 713 186 A1          May 22, 1996                   
               Claims 1-3, 5-9 and 11-14 stand rejected under 35 U.S.C.               
          § 102(e) as being anticipated by Hirata.                                    
               Claims 4, 10 and 15-20 stand rejected under 35 U.S.C.                  
          § 103(a) as being unpatentable over Hirata in view of Hiroaki.              
               We make reference to the answer (Paper No. 9, mailed June 5,           
          2001) for the Examiner’s reasoning, and to the brief (Paper No.             
          8, filed March 28, 2001) and the reply brief (Paper No. 10, filed           
          August 10, 2001) for Appellant’s arguments thereagainst.                    
                                       OPINION                                        
               Appellant argues that Hirata processes an image to create              
          “zones” that define the shapes within the image (brief, page 4).            
          Referring to Figure 2 of Hirata, Appellant points out that each             
          image is partitioned into blocks (image B) and zones (image C)              
          wherein each block is further processed to identify the one color           
          that defines the block (id.).  Appellant further argues that                
          Hirata’s shape-based comparison method does not include the                 
          claimed comparison of proportions of similar colors within each             

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