Ex Parte RANDALL - Page 5




           Appeal No. 2001-0516                                                                  
           Application No. 08/834,073                                                            


           Examiner has failed to establish a prima facie case of                                
           obviousness since all of the limitations of claims 1, 13, and                         
           19 are not taught or suggested by the applied prior art                               
           references.  In particular, Appellant contends (Brief, pages 4                        
           and 5) that Kuboyama, relied on by the Examiner as teaching a                         
           target mask selection feature, does not provide for the selection                     
           of a mask dependent on or corresponding to a selected field of                        
           view of a camera as recited in each of the appealed independent                       
           claims 1, 13, and 19.                                                                 
                 After careful review of the admitted prior art and the                          
           Kuboyama reference, in light of the arguments of record, we are                       
           in general agreement with Appellant’s position as stated in the                       
           Brief.  Our interpretation of the disclosure of Kuboyama                              
           coincides with that of Appellant, i.e., we find no disclosure of                      
           mask selection in dependence upon a field of view of a camera.                        
           In particular, as pointed out by Appellant, the portion of                            
           Kuboyama referenced by the Examiner (col. 3, lines 37-55) merely                      
           describes the detection of the outline of thinned-out image data                      
           based on a selection of the original shape data adapted to the                        
           object as a target.  We can find no support on the record before                      
           us for the Examiner’s conclusion that Kuboyama discloses the                          
           field of view dependent mask selection feature as claimed.  The                       

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