Ex Parte BENEAR et al - Page 6



          Appeal No. 2001-1337                                                        
          Application No. 08/864,944                                                  
          chrominance color space.  And Mutz clearly teach[es] a modified             
          pure luminance component assigned back to the working                       
          pixel . . . .”                                                              
               The Examiner also responds (id. at page 10) that “the                  
          purpose of the Thresholding procedure 46 [Appellants’ disclosure            
          Fig. 2] is that [it] converts a pure luminance component of                 
          pixels.  Thus, any pure luminance data including Y would be                 
          converted by the Thresholding procedure.”                                   
               We disagree with the Examiner’s position.  We do not find,             
          nor does the Examiner point out, where in Mutz is the conversion            
          occurring from an RGB color space to luminance chrominance color            
          space.  Claim 1 requires the first step of converting to binary             
          data per pixel the luminance (Y) component in the luminance                 
          chrominance color space while leaving the other component such as           
          chrominance unchanged.  So, even if the Thresholding which is               
          part of the method claim 1 is admitted to be old, the above                 
          initial step of converting is not shown by the combination of               
          the references suggested by the Examiner.  Therefore, we do not             
          sustain the rejection of claim 1 over Mutz in view of the                   
          admitted prior art.  Since the other independent claims, 12 and             
          13 also contain the same or similar limitations as claim 1, their           
          rejection over Mutz and the admitted prior art is also not                  
          sustainable.  The rejection of the dependent claims 2-4, 6-11 and           
          14-20 also falls with the rejection of the independent claims.              
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