Appeal No. 97-2706
Application No. 08/340,946
Claims 14 and 15 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Gonzales.
Claims 16 and 17 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Gonzales.
Reference is made to the brief and the answer for the
respective positions of the appellant and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will reverse all of the rejections.
In a discussion of a shifted grey scale image, appellant
explains (specification, pages 8 and 9) that:
Referring to FIG. 7, a comparison image 45 is
formed by duplicating image 40 (FIG. 6) and shifting
the duplicate image a distance 52 along a major axis
of images 41, 42, and 43. This forms a shifted
image that includes shifted element images 62, 63,
and 64 that represent images 41, 42, and 43 as
shifted by distance 52. As shown in FIG. 7, image
40 (FIG. 6) is overlaid with the shifted image to
illustrate distance 52. Defects 44, 46, 47, 49, and
51 shown in FIG. 6 are represented by shifted
defects 54, 56, 57, 59, and 61 respectively. After
shifting, images 62, 63, and 64 are compared to
images 41, 42, and 43 in order to identify the
defects.
The distance between defect 44 (Figures 6 and 7) and
shifted defect 54 (Figure 7), for example, is the distance 52
4
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