Ex parte NICPONSKI - Page 10




          Appeal No. 95-4390                                                          
          Application08/066,273                                                       


          random reflection of light which is a type of noise data which              
          has been entered by the operator.  We do not agree.                         
          The concept of noise data in claim 12 is that the                           
          operator specifically chooses a noise factor which is used to               
          correct the modified image data.  Noise by definition affects               
          processing in a random manner.  The examiner’s assertion that               
          the                                                                         


          reflections of light in Obata are random is without                         
          foundation.  All light sources in Obata have known locations                
          and the objects have specific shapes.  The reflected light in               
          Obata is based on theoretical considerations of light                       
          reflection and is not a function of randomness.  Therefore, we              
          do not agree with the examiner that the shadowing in Obata can              
          be considered to include noise data based on a noise factor                 
          entered by an operator.  Since the examiner’s conclusion is                 
          not supported by the record in this case, we do not sustain                 
          the rejection of claim 12.                                                  
          In conclusion, we have sustained the examiner’s                             
          rejection of claims 7-11, but we have not sustained the                     


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