Ex Parte Ishida et al - Page 4

                 Appeal 2007-1290                                                                                     
                 Application 09/861,548                                                                               

                 size from 80'a and 80'b.  Yamamoto discloses (col. 7, ll. 9-25) that left and                        
                 right video images are formed in regions 80'a and 80'b.  Further, as shown in                        
                 Figure 18, the images formed in the display regions do not necessarily cover                         
                 the entire region and, thus, cannot be equated with the images formed                                
                 therein.  Since display regions 80'a, 80'b, and 80c are not images, they                             
                 cannot satisfy the claimed indicator images.  In addition, Yamamoto does                             
                 not disclose plural sizes for vehicle image 36.  In fact, we find no images in                       
                 Yamamoto that have different sizes.  Therefore, Yamamoto fails to disclose                           
                 the claimed indicator images.                                                                        
                        The Examiner admits (Answer 4) that Yamamoto fails to disclose a                              
                 counting part or a step of counting, as recited in the independent claims.                           
                 The Examiner, however, asserts (Answer 4-5) that Verbinski's counter                                 
                 counts pixel densities of a moving vehicle object "for generating the image                          
                 of the moving vehicle object.  Counting the number of pixels of the display                          
                 image being generated also counts the number of generations of the display                           
                 image … because the number of pixels for one display image frame is fixed                            
                 for a fixed resolution of a display device."  Further, according to the                              
                 Examiner (Answer 5-6), Yamamoto discloses selecting display images based                             
                 on vehicle speed which, in turn, is determined based on a counting means.                            
                 Thus, "Yamamoto implicitly discloses a counter for determining which                                 
                 images to be displayed based on the vehicle speed. . . . The number of                               
                 generations of the display image is at least based on the (counter for) vehicle                      
                 speed . . . because as the vehicle speed exceeds a predetermined value,                              
                 different display images are displayed."  The Examiner concludes that                                
                 Yamamoto discloses the claimed counting part (and step) and also that it                             
                 would have been obvious to incorporate Verbinski's counting part into                                

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