Ex Parte Trovato - Page 3




               Appeal No. 2004-1628                                                                                                
               Application 10/254,720                                                                                              



                       Claims 4, 5 and 8 stand rejected under 35 U.S.C. §103.  As evidence of obviousness, the                     
               examiner offers Singhal and Kawauchi with regard to claim 4, Singhal and Ryoo with regard to                        
               claim 5, and Kawauchi and Eifrig with regard to claim 8.                                                            


                       Reference is made to the brief and answer for the respective positions of appellant and                     
               the examiner.                                                                                                       


                                                     OPINION                                                                       
                       A rejection for anticipation under section 102 requires that the four corners of a single                   
               prior art document describe every element of the claimed invention, either expressly or                             
               inherently, such that a person of ordinary skill in the art could practice the invention without                    
               undue experimentation.  In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir.                       
               1994).                                                                                                              


                       With regard to independent claim 1, it is the examiner’s position that Singhal discloses the                
               instant claimed subject matter for the reasons set forth at pages 3-4 of the answer.  In particular,                
               the examiner asserts that Singhal discloses the claimed step of  “assigning a texture type to each                  
               texture area having a similar texture pattern” in the variance processor 8 of Singhal’s Figure 2,                   



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