Appeal No. 96-3087
Application 08/059,060
test signal forms part of the viewing environment because its
output contributes to the viewed result and it is part of the
system environs [answer, page 10]. The examiner contends that
Carlucci's device flare adjustment is equivalent to the
claimed environment based flare adjustment because the input
device of Carlucci forms part of the input viewing environment
[ answer, page 11]. The examiner points to Carlucci's column
7, lines 1 through 20 for the claimed view environment based
surround adjustment, and for the adaptive white point
chromatic adjustment, where the image data is adjusted for
both the difference between an individual pixel data and the
average pixel data that surrounds the pixel, and for the white
shading correction [answer, page 11].
In rejecting claims under 35 U.S.C. § 103, it is
incumbent upon the examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine,
837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In
so doing, the examiner is expected to make the factual
determinations set forth
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