Ex parte ERSKINE et al. - Page 9




          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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