Appeal No. 1998-1395
Application No. 08/606,634
possibilities. The mere fact that a certain thing may result from a given set
of circumstances is not sufficient."
In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949, 1950-51 (Fed. Cir. 1999)
(citations omitted).
Based on the evidence before us, we cannot agree with the examiner's finding that
Hiratsuka inherently uses distances between neighboring original pixels in the
"interpolation method," nor in any other methods disclosed by Hiratsuka. Since making
use of the distances are requirements of each of independent claims 22 and 28, we do not
sustain the section 102 rejection of the claims as being anticipated by Hiratsuka.
In view of the above-noted deficiencies of Tutt and Hiratsuka with respect to
independent claims 22 and 28, we cannot sustain any of the section 103 rejections applied
against the dependent claims. The section 103 rejections do not remedy the basic
deficiencies of the prior art applied against claims 22 and 28, and the requirements
thereof are incorporated by the dependent claims.
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