Ex parte RAY - Page 8




          Appeal No. 96-0113                                                          
          Application 07/848,779                                                      

               We disagree with the examiner that claim 18 contains no                
          method steps.  It should be noted that the appellant need not use           
          words the examiner would prefer to use, or a claim format with              
          which the examiner is more use to seeing or comfortable with.               
               Claim 18 is reproduced below:                                          
                    18. A method for halftoning an image by modularly                 
               addressing an ensemble of two-dimensional binary                       
               patterns, each pattern corresponding to one density                    
               level of a digital image signal to select bits to form                 
               a halftone image, the ensemble of halftone patterns                    
               being correlated and having minimum visual modulation,                 
               the ensemble of patterns being generated simultaneously                
               by minimizing an ensemble cost function.                               

               In our view, claim 18 includes at least the following steps,           
          written in alternative form:                                                
               1.   modularly addressing an assemble of two-dimensional               
          binary patterns;                                                            
               2.   correlating the ensemble of halftone patterns;                    
               3.   generating the ensemble of patterns simultaneously.               
               Each of the foregoing features is necessary before claim 18            
          can be said to be met or anticipated by any prior art reference.            
          There are many ways to draft a method claim, including many ways            
          to set forth the method steps required.  We know of no authority            
          which requires an applicant to begin each recital of a method               
          step by the "ing" form of a verb.                                           


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