Ex parte YAMAGUCHI - Page 8




              Appeal No. 97-3749                                                                                          
              Application 08/360,069                                                                                      



              rejection separately because the examiner modified the rationale for combining these                        
              teachings in the examiner’s answer and because appellant did not additionally respond to                    
              this new ground of rejection.                                                                               
                     Although this new rejection relies on only two of the three references considered                    
              above, it actually appears as a stronger rejection because it does not appear to be based                   
              on hindsight as much as the earlier rejection.  Additionally, Yip appears to be a better                    
              primary reference because Figure 10 at least shows a system for modifying image data                        
              (LUT  28) before the data is employed by optical means for carrying out exposure of the                     
                   1                                                                                                      
              image data.  However, Yip does not teach a recording medium indicating means nor an                         
              optimized data storing means.                                                                               
                     The examiner considers the lookup table 28 in Yip to be the optimized data storing                   
              means, but as argued by appellant, this position cannot meet the claimed invention.  Claim                  
              1 recites that the image data is modified and stored as optimized data.  Since the lookup                   
              table in Yip is the only means available for implementing the claimed modification function,                
              it cannot also be the optimized data storing means because this storing means must store                    
              the data after it is modified and not before the modification takes place.  In other words,                 
              the output of Yip’s lookup table 28 is the modified data in Yip, and there is no further                    
              storage of optimized data suggested in Yip.                                                                 



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