Appeal No. 1998-2378
Application No. 08/390,862
The examiner blends the teachings of Robb and Eisenberg together in some
manner but we are unclear as to the exact nature of the combination or of the reason that
would have led the artisan to make the combination, especially since Robb is directed to
accurate registration of biomedical images and Eisenberg is directed to identifying
proteins.
More importantly, we do not find every feature of independent claim 1 disclosed or
suggested by the applied references. The claim requires a calculation of a number of
points “paired with each other” and then distances “between the points paired with each
other” are accumulated.
The examiner contends that Robb discloses the calculation of a number of points
paired to form a common portion between the two sets and identifies column 4, lines 6-9,
and Figure 8, blocks 115, 119 and 131 as showing this feature. We have reviewed the
cited portions of the reference but fail to see the claimed limitation. The column 4 citation
recites a limited number of points uniformly sampled from the match contour data set at
115 and that only these points are used during image registration. The cited boxes in
Figure 8 merely describe sampling registration points, selecting a new starting point and
questioning whether there are more starting points.
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