Appeal No. 95-2827
Application 07/983,211
The following references are relied on by the examiner:
Itoh 5,208,684 May 4, 1993
(filing date Apr. 24, 1991)
Eschbach 5,243,443 Sep. 7, 1993
(filing date Dec. 6, 1991)
Rather than repeat the positions of the appellant and the
examiner, reference is made to the briefs and the answer for
the respective details thereof.
OPINION
We reverse the outstanding rejection of all claims on
appeal under 35 U.S.C. § 103.
As to all claims, the examiner relies upon the statement
of the rejection in the final rejection. At page 3 of that
paper, the examiner recognizes that Eschbach does not
determine the distance to the nearest previously generated
output pixel as recited in the above-quoted portion of each
independent claim on appeal. The examiner then relies upon
Itoh which was said to disclose a halftone image processing
regard the apparent inadvertent recitation of “the steps of”
as a part of the preamble of these apparatus claims as not
being a prohibition to us to determining the merits of the art
rejections before us.
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