Appeal No. 1998-0643
Application 08/196,028
ANALYSIS"). The peaks represent the most probable positions
of the text line datums (col. 9, lines 61-62). The frequency
of the peak must exceed a minimum peak threshold before the
peak can be a datum and to discriminate between rising and
falling conditions (col. 15, lines 39-53). It is not known
why Schlang's figure 10 has a different shape than Appellants'
figure 5A since the frequency distribution curve is prepared
in exactly the same way. In our opinion, one of ordinary
skill in the art would have recognized that the peaks between
minima in a frequency distribution curve as prepared by
Schlang represent the text topline and text baseline. For
this reason, while not identically disclosed in Schlang, we
conclude that claim 26 would have been obvious over Schlang
alone. In summary, the rejection of claims 26-28 over
Bloomberg, Tanaka, and Schlang is sustained both because the
rejection has not been argued as required under United States
Patent and Trademark Office regulations and because, in any
case, the subject matter would have been obvious.
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