Appeal No. 1999-2058
Application 08/433,643
specifying means" limitation of claim 1. Maayan specifies
image areas having a density defined by the window (between
the upper and lower image density limits) from among the
images displayed on the display means and assigns a
predetermined density to the specified image area. Thus,
Maayan discloses the functions of the "image area specifying
means" and the program on the computer is the same or
equivalent structure.
Appellants argue that "Maayan's grey window is not used
as criteria for specifying images from among displayed images,
as required in claim 1" (Br6; RBr3). It is argued (RBr3):
"[I]n Maayan's method a grey scale window is not used to
select image areas from among displayed image areas; rather,
in Maayan's method, the grey scale window is used to create a
black and white image from grey level pixels."
We disagree. Maayan expressly teaches that the image
depicts only points whose grey level value lies between the
two thresholds as a predetermined grey level, such as white.
This specifies images from among the displayed images so that
they can be displayed with predetermined white density, just
as shown in Appellants' Fig. 9. The fact that Maayan changes
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