Ex parte LEVIEN - Page 2




                   Appeal No. 95-2827                                                                                                                               
                   Application 07/983,211                                                                                                                           



                            Appellant has appealed to the Board from the examiner’s                                                                                 
                   final rejection of claims 1 to 40, which constitute all the                                                                                      
                   claims in the application.2                                                                                                                      


                            The pertinent portion of independent claims 1, 6, and 11                                                                                
                   on appeal is the following:                                                                                                                      
                                      Determining the distance to the nearest                                                                                       
                                      previously generated output pixel to                                                                                          
                                      provide a nearest dot bias value.                                                                                             
                   Corresponding means language is recited in independent claims                                                                                    
                   21, 26, and 31 for these apparatus claims.  Independent method                                                                                   
                   claim 16 and corresponding apparatus claim 36 do not                                                                                             
                   positively recite this feature in the same manner but utilize                                                                                    
                   “the distance to the nearest previously generated output                                                                                         
                   pixel” as a basis for the determination recited in the                                                                                           
                   outputting a screened image clause.                                3                                                                             


                            2   Appellant filed an amendment on November 25, 1994 at                                                                                
                   the same time as the Brief.  This amendment apparently has not                                                                                   
                   been entered by the examiner since no Advisory Action as to it                                                                                   
                   has been issued and no mention of it has been made in the                                                                                        
                   Answer itself.                                                                                                                                   
                            3We note in passing that independent apparatus claims                                                                                   
                   21, 26, and 36 recite at the end of the preamble of each of                                                                                      
                   these claims “said apparatus comprising the steps of.”  We                                                                                       
                                                                                 2                                                                                  





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