Appeal No. 97-2699
Application 08/112,535
reasons in Para-Ordnance Mfg. v. SGS Importers Int'l, Inc., 73 F.3d at 1087-88, 37 USPQ2d at
1239-40, that for the determination of obviousness, the court
must answer whether one of ordinary skill in the art who sets out to solve the problem, and who had
before him in his workshop the prior art, would have been reasonably expected to use the solution that
is claimed by Appellant.
We note that Moorehead teaches a method of determining the contour line or boundary
of a mushroom image in column 5, lines 10-45. Toriu teaches a much improved method of determining
the boundary line that is simple and more accurate. In fact, Toriu teaches in columns 1 through 3 that
their invention is an improvement of prior art boundary line determination methods which includes the
method used by Moorehead. Therefore, we find that those skilled in the art having the teachings of
Toriu before them would have modified the Moorehead method of profile analysis for determining sizes
of features appearing in a region of interest in an original image to use the Toriu boundary line (pattern
contours) extracting method as recited in Appellant's claim 28.
Turning to the claims 1 through 27, Appellant argues on pages 14 through 17 of the
brief that none of the references teach or suggest a process for selecting an optimized filter based on the
most frequently occurring size. Appellant further argues on pages 4 through 6 of the reply brief that
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