Appeal No. 2002-1550
Application No. 09/158,884
invention as well as disclosing structure which is capable of performing the recited
functional limitations. RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440,
1444, 221 USPQ 385, 388 (Fed. Cir.1984); cert. dismissed, 468 U.S. 1228 (1984); W.L.
Gore and Assoc., Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed.
Cir. 1983), cert. denied, 469 U.S. 851 (1984).
With regard to claim 1, the examiner applies Ohuchi to the claimed subject
matter by pointing to Ohuchi’s element 11 in Figure 3 as the claimed “input device that
receives the image data.” The examiner identifies a peak/valley detection device in
Figures 3 and 4 and column 6, lines 2-10, contending that the window, within which the
peak count and valley count is determined, includes a plurality of subwindows shown in
Figure 6. The examiner points to Figures 8 and 17, column 6, lines 4-27, column 8,
lines 10-20 and column 20, lines 49-52, for a showing that the peak/valley detection
device detects the greater of the peak count and the valley count for each subwindow,
noting that P in Ohuchi represents the larger sum of peaks or valleys. For the claimed
“classification device . . .,” the examiner points to column 9, lines 14-58, in addition to
the portions of Ohuchi cited for the “peak/valley detection device . . .,” supra.
It is our view that the examiner has established a prima facie case of anticipation
with regard to the subject matter of instant claim 1.
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