Appeal No. 1998-1395
Application No. 08/606,634
Applying a dither matrix to a halftone image is also described at column 4, line 29
through column 5, line 24, and shown in Figures 2-a through 2-c. Hiratsuka's main
concern, however, is another process -- estimating a halftone image, as described in the
Abstract. Hiratsuka, at column 1, refers to a prior art method of applying a dither matrix to
a halftone image for representing the images with black and white dots, as pictured in
Hiratsuka's Figure 30-a, and which is apparently no different from the method implied in
Figure 12. There is no disclosure of making any use of distances between neighboring
original pixels.
Hiratsuka at column 8, lines 53 through 59 discloses that the halftone images as
seen in Figure 12 are enlarged or reduced by "[f]or instance, an interpolation method."
The rejection may be suggesting that the undisclosed "interpolation method" uses
distances between neighboring original pixels. However, appellants dispute any
suggestion of inherency. Although challenged on the allegation of "inherency," the
examiner has not provided any evidence (e.g., an additional, explanatory reference) to
support the view that the undisclosed "interpolation method" requires the use of distances
between neighboring original pixels. Our reviewing court has set out clear standards for
establishing inherency.
To establish inherency, the extrinsic evidence "must make clear that the
missing descriptive matter is necessarily present in the thing described in
the reference, and that it would be so recognized by persons of ordinary
skill." "Inherency, however, may not be established by probabilities or
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