Appeal No. 95-3026
Application No. 07/945,061
The references relied on by the examiner are:
Vandermeerssche 4,507,953 Apr. 2, 1985
Yamazaki et al.(Yamazaki)3-44542 Feb. 26, 1991
(Japanese Kokai)
Vandermeerssche, “‘The Pressure Is On’ . . . The Packaging
Professional Is Facing New Challenges!,” Journal of Packaging
Technology, Vol. 1, No. 3, June 1987.
Gonzalez et al. (Gonzalez), “Digital Image Processing,” Addison-
Wesley, 1992, pages 318 through 320.
Claims 1 through 20 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the Vandermeerssche patent in view of the
Vandermeerssche publication, Yamazaki and Gonzalez.2 3
Reference is made to the brief and the answer for the
respective positions of the appellants and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will reverse the obviousness rejection of claims 1 through
20.
The Vandermeerssche patent is described in the Background of
the Invention (specification, pages 1 and 2) as disclosing a
2Although the Vandermeerssche publication is used in the
grounds of rejection, it is not listed under the prior art of
record (Answer, pages 2 and 3).
3Although Gonzalez is not listed in the opening statement
of the rejection, it is used thereafter in the body of the
rejection (Answer, pages 3 and 4).
3
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