Ex parte TAYLOR et al. - Page 8




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


                       We note that Appellants' claim 4 recites capturing at least two original images of a scene as a              

               set comprising a depth image, the original images captured from different viewpoints.  Appellants' claim             

               4 also recites combining the reconstructed images into a depth image.  Similarly, we note Appellants'                

               claim 8 recites a depth image capture system capturing at least two original images of a scene from                  

               different viewpoints as a set of linked images and a first computer coupled to said depth image capture              

               system and decomposing the original images into a set of  multiresolution images and a second                        

               computer to produce the depth image.  We find that in order to produce a depth image, the different                  

               viewpoints  would have to be taken from different perspectives.  Therefore, we will not sustain the                  

               Examiner's rejection of claims 4, 5, 8 and 9 under 35 U.S.C. § 103 as  being unpatentable over                       

               Melnychuck and Adelson and further in view of Katsuta for the reasons set forth above.                               


















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