Ex Parte LI et al - Page 2




              Appeal No. 2002-1550                                                                                         
              Application No. 09/158,884                                                                                   


              peak and valley count within a window containing the pixel to be classified, and the                         
              local roughness.                                                                                             
                     Representative independent claim 1 is reproduced as follows:                                          
                     1.     An apparatus for classifying image data comprising:                                            
                            an input device that receives the image data;                                                  
                            a peak/valley detection device that receives the image data and                                
                     determines one of a peak count and a valley count within a window of the                              
                     image data around a pixel under consideration, wherein the window                                     
                     includes a plurality of subwindows, and the peak/valley detection device                              
                     detects the greater of the peak count and the valley count for each                                   
                     subwindow; and                                                                                        
                            a classification device that determines a class of the pixel under                             
                     consideration based on the greatest of the peak counts of the peaks                                   
                     within the subwindows and the valley counts of the valleys within the                                 
                     subwindows.                                                                                           
                     The examiner relies on the following reference:                                                       
                     Ohuchi                       5,025,481                    Jun. 18, 1991                               
                     Claims 1-9 stand rejected under 35 U.S.C. §102 (b) as anticipated by Ohuchi.                          
                     Reference is made to the briefs and answer for the respective positions of                            
              appellants and the examiner.                                                                                 
                                                        OPINION                                                            
                     Anticipation is established only when a single prior art reference discloses,                         
              expressly or under the principles of inherency, each and every element of a claimed                          



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