Ex parte HOFER et al. - Page 13




          Appeal No. 1998-0628                                                         
          Application 08/197,100                                                       

          lines 3-11).  Thus, there are four pixel totals for each                     
          sector (one for each range between threshold values) (col. 4,                
          lines 12-15).  The pixel totals are dependent on the number                  
          (from the four counters per sector), the location (i.e., which               
          of the 64 sectors), and the gray tone distribution (i.e., one                
          of four levels) of the fault signals (col. 4, lines 15-17).                  
          The analysis does not compute the area, i.e., the number of                  
          contiguous pixels.  Neither Remy nor Wagner discloses                        
          computing the area.  For this reason, we conclude the Examiner               
          has failed to establish a prima facie case of obviousness with               
          respect to claim 44.  The rejection of claim 44 and 25-27 is                 
          reversed.  Fitzmorris does not cure the deficiencies with                    
          respect to Schmalfuss, Remy, and Wagner.  Accordingly, the                   
          rejection of claims 28 and 29 is also reversed.                              













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