Appeal No. 1998-0669 Page 7
Application No. 08/507,194
Also similarly, claims 16-27 each specify in pertinent part
the following limitations:
An apparatus for processing an image of a
document including character images and at least one
figure, comprising:
means for dividing the image of the document
into different areas including at least one
character area containing the character images and
at least one figure area containing the at least one
figure ....
In summary, claims 1-12 and 15-27 each recite dividing the
image of a document into different areas.
The examiner fails to show a teaching or suggestion of
the claimed limitation in the prior art. “A rejection based
on section 103 clearly must rest on a factual basis ....” In
re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
“The Patent Office has the initial duty of supplying the
factual basis for its rejection. It may not ... resort to
speculation, unfounded assumptions or hindsight reconstruction
to supply deficiencies in its factual basis.” Id., 154 USPQ
at 178.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007