Ex parte LEVIEN - Page 9

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

          for distance determinations.  A pertinent portion of this                   
          reference is:                                                               
                         It should be noted that the use of                           
                    the term 'threshholding' throughout this                          
                    description is meant to encompass other ways                      
                    of making a distance decision between the                         
                    input optical density value and the output                        
                    optical density value.                                            
          The examiner’s correlation of this “distance” is inappropriate              
          when taken in context in the reference.  Such a distance is                 
          more aptly described as originally relied upon by the examiner              
          in accordance with the operation of the error determination                 
          block 117 in respective embodiment Figures 1 and 2 of                       
          Eschbach.  This block is shown as a differential amplifier                  
          which “calculates a difference between the average gray input               
          value generated at integrator 113 and average gray output                   
          value output generated at integrator 111.”  Column 6, lines 8               
          to 11.  Again, there is no true distance determination between              
          pixels in the manner required by each independent claim on                  
               Assuming for the sake of argument that it would have been              
          proper to combine the collective teachings of Eschbach and                  
          Itoh within 35 U.S.C.  103, we find that the examiner’s                    

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Last modified: November 3, 2007