Appeal No. 2000-1499
Application No. 08/825,474
this can also be used as a parameter for high fidelity image
compression...” [emphasis ours]. Merely because one could employ
a certain conventional concept, does not necessarily make it
obvious to do so, within the meaning of 35 U.S.C. 103.
None of the other applied references provides for these
deficiencies in Yamaoka.
Accordingly, since it appears to us that the examiner has
employed speculation, most likely as a result of hindsight
gleaned from appellants’ disclosure, in determining what is
suggested by Yamaoka, we will not sustain the rejection of claims
1-4, 6-9, 11-14 and 16-18 under 35 U.S.C. 103.
The examiner’s decision is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
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ERROL A. KRASS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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PARSHOTAM S. LALL )
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