Appeal No. 1998-1395
Application No. 08/606,634
The instant specification, at page 5, defines a "grey scale" as "a multibits per pixel
grey level system." The specification, also at page 5, describes each pixel of the image of
a scanned document, which is resampled in the instant invention, as having "a certain
corresponding grey level."
Tutt discloses manipulating pixels composed of two states -- black and white. See,
e.g., Tutt at col. 5, l. 56 through col. 6, l. 8. There appears to be no controversy with respect
to that attribute of Tutt's system. Tutt at column 1, lines 53 through 60, in the description of
the "Prior Art," observes that black/white systems, or systems having pixels otherwise
limited to two levels, lack "grey."
We are persuaded by appellants that the broadest reasonable definition of "grey
level pixels" having "grey level values," consistent with the instant specification, does not
include pixels having only two possible states, such that a pixel may be represented by a
single bit. The disclosure of Tutt, drawing a distinction between systems having
"black/white," and those having "grey," serves as evidence that the artisan would not have
considered a "grey level value" or a "grey level pixel" as inclusive of what are effectively
single-bit pixels. Having agreed with appellants that a proper interpretation of the terms of
claims 22 and 28 requires manipulation of multi-bit pixels, it follows that we cannot agree
that Tutt supports a finding of anticipation. We therefore do not sustain the section 102
rejection of the claims as anticipated by Tutt.
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