Ex parte HENRY S. BAIRD - Page 6




          Appeal No. 96-1990                                                           
          Application 07/536,910                                                       


          set of generated samples always includes defects arising from the            
          two types of predetermined handwriting variations, the slope of              
          strokes and the size of subparts of characters.  The appellant               
          correctly states (Br. at 8) that "Leung cannot and does not                  
          permit the user to provide parameters which specify classes of               


          defects and thereby to define his own model for the defects."                
          (Emphasis in original.)                                                      
               We reject the examiner’s statement (answer at 4) that                   
          "[A]lthough the ‘user’ does not explicitly specify a ‘set of one             
          or more defect class parameters’, some ‘defect class parameters’             
          are implicitly specified because of the imperfect nature of                  
          handwriting."  We agree with the appellant that model symbols                
          inputted by a user are not defect class parameters specifying                
          particular classes of defects.  The imperfect nature of                      
          handwriting is a basis to conclude that the model symbols are not            
          perfect but is no reason to conclude that the symbols are defect             
          class parameters specifying particular classes of defects.                   
               In short, in Leung the class of defective pixel                         
          representation to be embodied in the set of generated samples is             
          predetermined and also fixed.  Shearing operations are performed             
          to simulate different slopes in strokes and warping operations               

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