Ex parte LEBEAU - Page 6




          Appeal No. 97-2706                                                          
          Application No. 08/340,946                                                  


               scale image is not identically described and is thus                   
               not anticipated by Gonzales.                                           
               We agree.  Gonzales is concerned with gray-level shading               
          in image processing (pages 47 and 48), and indicates that                   
          “relationships, called convolution and correlation, are of                  
          fundamental importance to an understanding of image processing              
          techniques based on the Fourier transform” (page 100).  The                 
          remainder of the publication discusses convolution and                      
          correlation strictly in terms of mathematics.  In summary, the              
          35 U.S.C. § 102(b) rejection of claims 14 and 15 is reversed                
          because Gonzales does not disclose any of the steps of the                  
          claimed method.                                                             
               The 35 U.S.C. § 103 rejection of claims 16 and 17 is                   
          reversed for the same reason.                                               
                                      DECISION                                        
               The decision of the examiner rejecting claims 14 through               
          17 under the first paragraph of 35 U.S.C. § 112 is reversed.                
          The decision of the examiner rejecting claims 14 and 15 under               
                                                                                     





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