Appeal No. 96-0550
Application 07/960,148
to achieve gray scale to soften the
edges of the image for the same desired
purpose of improve [sic:improving] the
quality of the perceived image as
suggested by Lasher. [Examiner's Answer
at pages 6-7]
Appellants argue that there is no motivation to combine
the teachings of Lasher with Ott and Iino and that Lasher is
nonanalogous art.
We will not sustain the rejection of claims 10, 29 and
33 under 35 U.S.C. § 103.
The examiner has failed to set forth a prima facie case
of obviousness. It is the burden of the examiner to establish why
one having ordinary skill in the art would have been led to the
claimed invention by the express or implied suggestions found in
the prior art. See In re Sernaker, 702 F.2d 989, 994, 217 USPQ
1, 5 (Fed. Cir. 1983).
Even if Lasher is analogous art, we agree with the
appellants that there is no teaching or suggestion to combine the
teachings of Lasher and Ott. Lasher discloses a method whereby
video data is sent from a first location to a second location
utilizing bilevel sampling. The appearance of the stepped edges
which are produced by the bilevel sampling is reduced by
selectively introducing gray scale pels before the image is
produced. Lasher does not suggest utilizing gray scale in a
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