Ex parte MORRIS - Page 5




                     Appeal No. 1997-2406                                                                                                                                              
                     Application 08/170,651                                                                                                                                            


                                     On page 3 of the Office action of September 6, 1995 (Paper No. 27) , the Examiner's              4                                                

                          rejection expresses that the admitted prior art teaches the image primitives comprise edges                                                                  

                          which are nearly aligned with the principal axes of the filtered pixel array.  Specifically, the                                                             

                          Examiner's rejection makes reference to the drawing in Figure 2 and the language in page 2,                                                                  

                          lines 16-18 in the Appellant's specification.  On page 4 of the same Office action, the                                                                      

                          Examiner's rejection expresses that the admitted prior art method fails to disclose choosing N                                                               

                          sample points so as to divide the area of the pixel at substantially N places in the direction of at                                                         

                          least one of the principal axes of the filtered pixel array.  The Examiner's rejection then applies                                                          

                          Vreeswijk as teaching this missing claimed limitation.  The Examiner's rejection makes reference                                                             

                          to Vreeswijk, column 18, lines 53-56, and Figure 4B2.  The Examiner's rejection states, “it                                                                  

                          would have been obvious to one of ordinary in the art, at the time the invention was made, to                                                                

                          combine the teaching of Vreeswijk et al. to the admitted prior art technique to select a class of                                                            

                          image feature for filtering and adaptively use a sampling pattern of N sample points so as to                                                                

                          ensure substantially N times oversampling of the selected class of image feature.”                                                                           

                                     On page 10 of the brief, Appellant argues that neither Vreeswijk, Fuchs, nor Cook                                                                 

                          mentions any need to avoid artifacts produced by image edges nearly aligned with one or the                                                                  


                                4We note that the Examiner’s Answer refers us to Paper Number 27.  We note further that the                                                            
                     Final Action, mailed March 4, 1996, (Paper No. 29)  refers us to the Office action, Paper Number 27.                                                              
                     We discourage this practice.                                                                                                                                      
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