Appeal No. 96-2497 Page 6
Application No. 08/314,788
for detecting the size of the face of the human subject. The
chin of the facial image is at a “first mark” (the bottom line
of the grid) at a position which corresponds to the chin
position. The top of the bottom right grid of Figure 12 of
Thayer would then constitute a “second mark at a position
corresponding to the position of a crown of a head of the
facial image,” as broadly claimed. While it is true that the
crown may not be right at the line at the top of the grid
initially, the crown of the head of the facial image is in that
general direction and, in our view, it can reasonably be said
that this line of the grid is “corresponding to the position”
of the crown.
With regard to the “adjusting means,” the subject in
Thayer’s system may zoom in or out, employing the appropriate
buttons, causing the crown of the head of the facial image to
actually touch, or be aligned with, the top line of the grid
while the chin of the facial image touches the bottom line of
the grid. Thus, as broadly claimed, Thayer does disclose an
“adjusting device” which adjusts the magnification of an image
in accordance with a face size since different face sizes will
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