Ex Parte LI et al - Page 6




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


              claim 1 contains nothing about “improving the halftone dot count,” the argument                              
              directed to this non-claimed feature (principal brief-page 12) is not persuasive.                            
                     Accordingly, the rejection of claims 1, 3, 7 and 8 under 35 U.S.C. §102 (b) is                        
              sustained.                                                                                                   
                     Turning now to claim 2, this claim adds the limitation of a “local roughness device                   
              that determines a local roughness of the input image...”  The examiner explains that                         
              Ohuchi determines such a local roughness, at column 18, lines 39-61, by referring to                         
              *)m*, an absolute value of a density difference between density levels of a center                           
              picture element and each of the surrounding picture elements.                                                
                     Appellants’ response is merely to state that the “local roughness according to the                    
              present invention is different in both terms of design and in terms of purpose” (principal                   
              brief-page 13).  Since appellants have not indicated any specifics as to how or why the                      
              instant invention’s “local roughness” is different from that asserted by the examiner as                     
              being taught by Ohuchi, and the examiner’s rationale appears, at first blush, to be                          
              reasonable, we will sustain the rejection of claim 2 under 35 U.S.C. §102 (b).                               
              Appellants do not contend that any specific meaning should be ascribed to the term                           
              “local roughness” as per the instant specification and claim 2 clearly ascribes no                           
              particular meaning to this term.                                                                             





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