Appeal No. 97-1583
Application No. 08/340,785
will be eventually processed. Thus, in actuality,
Ochi et al. does not expressly describe how to
generate an eight-bit byte of pixel image data from
a four-bit byte. Ochi et al. explicitly describes
new byte generation wherein the ratio of the numbers
of bits of the new byte to the number of bits in the
old byte is not an integer.
According to the examiner (Answer, page 5), “the
Appellant is disregarding the teachings in Ochi et al in
figure 6 and at col. 3. lines 50-52, where four bits of
original image data are reproduce[d] in their entirety ‘to
form an eight bit signal’.” The examiner concludes (Answer,
page 6) that “[t]he fact that Ochi goes on to add two
additional bits in order to obtain a 10-bit signal does not
diminish the teaching in Ochi.”
The examiner cannot take a reference teaching out of
context, and then conclude that the claims on appeal read on
that out of context interpretation of the reference. Ochi
clearly illustrates and describes the conversion of a 4-bit
byte of data to a 10-bit byte of data (Figure 6; column 2,
lines 15 and 16; column 3, line 50 through column 4, line 2),
and not the conversion of a 4-bit byte of data to an 8-bit
byte of data. Ochi cannot satisfy the claimed limitation of
“M/N being an integer” because 10 bits/4 bits equals 2.5, a
5
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