Ex Parte Poplin et al - Page 8



            Appeal No. 2006-3032                                                             9              
            Application No. 09/969,040                                                                      

            out that Smith teaches a method in which the frequency of lighting                              

            fluctuations can be identified by processing data from a single frame of                        

            information [id.].  Appellants point to fig. 3 of Smith that shows the pixel                    

            values of each row of the frame are averaged to yield row-averaged                              

            captured image data over time [id.].  Appellants further note that Smith                        

            discloses (at col. 6, lines 40-45) if more than one frame is captured and                       

            assuming that the inter-frame gap is equal to zero (i.e., frames are captured                   

            successively without a pause), the horizontally averaged image data can be                      

            “stitched” together to form a continuous series of horizontally averaged                        

            input data [id.].  Appellants note that Smith discloses stitching the data from                 

            the two frames together instead of incorporating a subtractor to obtain                         

            difference data as taught by Oyama [id., emphasis added].  Appellants                           

            assert that the advantage of Smith’s “stitching” is apparent because the                        

            stitching of the averaged information for two frames doubles the information                    

            and doubles the length of time [brief, page 11].  Appellants assert that there                  

            are no apparent advantages to substituting Oyama’s subtractor for Smith’s                       

            “stitcher” or combining stitching and differencing [id.].  Appellants conclude                  

            that subtracting an averaged row value of a first image frame from the                          

            corresponding averaged row value of the second image frame will lead to                         











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