Appeal No. 1998-1110
Application No. 08/391,263
to parallel aggregation; therefore, we cannot sustain the
Examiner's assertion that such equivalence would have been
within the level of ordinary skill in the art. Whether or not
the Examiner is correct that "image data compression can be
thought of as simply a field of use of the compression of data
as seen in Nickerson [et al.]," the references relied upon
fail to teach (at minimum) the claimed aggregation into second
aggregates. Therefore, we will not sustain the rejection of
claims 1-5 and 8-10 under 35 U.S.C. § 103(a) as being
unpatentable over Nickerson et al., Daher, and Adams et al.
Accordingly, the Examiner's decision is reversed.
REVERSED
JERRY SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL R. FLEMING )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
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