Appeal No. 95-1217
Application 08/039,674
the reference number in this way is unnecessary and could
cause confusion because different entities such as "three by
three pattern of pixels" and "center pixel" are followed by
the same reference number "35". While it might be clearer if
the reference number "35" were not used in this way, the
Examiner has not shown that a person of ordinary skill in the
art would be unable to make and use the claimed invention due
to this repeated use of the reference number "35". The
rejection is therefore reversed.
Finally, the Examiner argues that the constant "C", which
is contained in a formula given on page 16 of the
specification, cannot be inferred from the context of the
discussion. According to the specification, the constant C is
used to scale the product of E f e to within the range zeroxn
n n
through ten. To determine the value for this constant, a
person of ordinary skill in the art would simply need to know
the minimum and maximum possible values for the product of En
f e . The Examiner has failed ton xn
9
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