Ex Parte HERMAN - Page 6




         Appeal No. 2004-0532                                                       
         Application No. 09/150,277                                                 

              creating a third subarray of the fabric sheet image                   
              array pixel signal values indexed a select amount from                
              said fabric sheet image array center; determining a                   
              second aggregate pixel value error from a sum of pixel                
              value errors found by a comparison between                            
              corresponding first and third array values and                        
              identifying as a match that subarray whose comparison                 
              with said first array yielded the lessor [sic] of the                 
              first and second aggregate pixel value errors.                        
              Regarding appealed claims 1, 18, 25, and 26, the examiner             
         states (answer at 6-7) that Chaiken does not disclose:                     
                   modifying each acquired image data frames to                     
              correct distortions of the acquired image of the areal                
              portion;                                                              
                   compiling the image data frames to form a                        
              photographic image of the areal portions of the sheet                 
              material;                                                             
                   displaying the composite image;                                  
                   means for combining said calibrated image data to                
              obtain a composite photographic image of at least a                   
              portion of the sheet material; and                                    
                   a display coupled to the processor for displaying                
              said composite image;                                                 
                   compiling said modified images to form a                         
              composite photographic image of a portion of the sheet                
              material.                                                             
         Nevertheless, it is the examiner’s basic position that one of              
         ordinary skill in the art would have been led to combine the               
         teachings of Chaiken with those of Borchers so as to arrive at             
         the invention recited in the appealed claims.  (Id. at 7-9.)               
              We cannot agree with the examiner’s analysis and                      
         conclusion.  As pointed out by the appellant (appeal brief filed           

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