Appeal No. 1998-0745
Application 08/216,842
Claims 13 and 14 stand rejected under 35 U.S.C. § 103 as
unpatentable over Verdooner in view of Mayer.
The respective positions of the examiner and the appellant
with regard to the propriety of these rejections are set forth in
the final rejection (Paper No. 12) and the examiner’s answer and
supplemental answer (Paper Nos. 19 and 22) and the appellant’s
brief and reply brief (Paper No. 18 and 20).
Opinion
After consideration of the positions and arguments presented
by both the examiner and the appellant, we have concluded that the
rejections should not be sustained.
With respect to sole independent claim 8, the examiner
acknowledges in the answer that Verdooner does not teach that
images are aligned based on the maximum numerical value in a
correlation table. The observation is made that images are
aligned according to matching landmarks (reference points) and the
conclusion is made
that it would have been obvious to one of ordinary skill in the
art to align the images according to the points of greatest
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