Ex parte TAYLOR et al. - Page 7




               Appeal No. 1996-3638                                                                                                 
               Application 08/169,681                                                                                               


               method for high resolution digital images in a multiple use environment.  Therefore, we will not sustain             

               the Examiner's rejection of claims 1 through 3, 6 and 7 under 35 U.S.C.§ 103 as being unpatentable                   

               over Melnychuck in view of Adelson.                                                                                  

                       Claims 4, 5, 8 and 9 stand rejected under 35 U.S.C. § 103 as being unpatentable over                         

               Melnychuck and Adelson as applied to claims 1 through 3, 6 and 7 and further in view of Katsuta.  On                 

               pages 12 and 13 of the brief, Appellants argue that claim 4 is similar to claim 1 in requiring in step (e)           

               that the reconstructed images be combined into a depth image but differs in stating that the original                

               images are taken from different viewpoints rather than perspectives. Appellants argue that taking the                

               original images from different viewpoints is equivalent to taking the original image from a different                

               perspective.  Appellants point out that this is true because Appellants' claim 4 still requires that one is          

               able to generate a depth image from the reconstructed images and depth images necessarily contain                    

               multiple perspective views.   Appellants argue that all the arguments advanced for claims 1 through 3, 6             

               and 7 are applicable  also to claim 4.  Appellants also argue that claims 8 and 9 are analogous to claims            

               1 through 3, 6 and 7 in that claims 8 and 9 require a computer to decompose original images taken                    

               from multiple viewpoints and a second computer to produce depth images  from the reconstructed                       

               original image.  Appellants again argue that images from multiple viewpoints are necessary images from               

               multiple perspectives.  Thus, all the arguments advanced in connection  with  claims 1 through 3, 6 and              

               7 are applicable also to claims 8 and 9.                                                                             


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