Appeal No. 1999-0035
Application No. 08/661,261
from the line of reasoning in the Answer that since the
Examiner has, in our view, mistakenly interpreted the
disclosure of
Graham as describing a selection of a detailed area within a
cropped image area for further review, the issue of the
obviousness of this feature has not been addressed.
Accordingly, since the Examiner has failed to establish a
prima facie case of obviousness, we do not sustain the 35
U.S.C. § 103 rejection of appealed claims 2-4 and 7-10.
In conclusion, we have not sustained either of the
Examiner’s rejections of the claims on appeal. Accordingly,
the Examiner’s decision to reject claims 1-10 is reversed.
REVERSED
)
ERROL A. KRASS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL R. FLEMING )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
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