Ex Parte TAKEO et al - Page 13




          Appeal No. 1999-2069                                                        
          Application 08/397,639                                                      

          known transformations for image registration, which are simpler             
          than the nonlinear warping of Kano.                                         
               Appellants argue that Smilansky does not suggest adjusting             
          positions of images for the purpose of adding and/or subtracting            
          images and, therefore, does not provide any motivation to combine           
          its teaching with those of Kano (Br5-6).  The Examiner notes that           
          claim 1 does not positively recite a step of subtraction, but               
          that, in any case, Kano is relied on to show subtraction (EA11).            
               We agree with the Examiner.  The rejection relies on                   
          Smilansky for its teaching that affine transformations were known           
          transformations for image registration.  Kano teaches subtraction           
          in connection with image registration.                                      
               Appellants argue that Kano uses nonlinear warping rather               
          than affine transformation because Kano's purpose is completely             
          different than that of the present invention and "[t]herefore, it           
          cannot be easily conceived for the ordinary skilled in the art to           
          replace the non-linear warping of Kano et al. with the affine               
          transformation of Smilansky et al., even if the equations used in           
          each of these references are similar to each other" (Br6).                  
               Kano "employs nonlinear distortion (warping) of one of the             
          images in order to obtain improved registration between the two             
          images so that subtraction processing can be carried out"                   
          (col. 5, lines 61-64).  One of ordinary skill in the image                  
          registration art would have had sufficient skill to recognize               

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