Ex parte LEVIEN - Page 3




          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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