Ex Parte TAN et al - Page 7




         Appeal No. 2001-1642                                                       
         Application No. 09/191,310                                                 
              observations. For instance, in the defective pixel detection          
              case, the hypotheses may be the presence of a defective pixel         
              and the presence of a functional pixel.  When an adequate             
              number of observations are made, a decision may be arrived at         
              as to which of the two hypotheses fit.  That decision may or          
              may not be accurate since it is based upon a statistical              
              approximation.                                                        
              In the Ebel method, the number of observations is one, but            
         the hypothesis that the row or group of pixels is defective is             
         made by an observation of the row and the surrounding rows to see          
         if an unexpected value is observed.  If the unexpectedly high or           
         low value (the “score”) is observed, then the decision is made             
         whether the row is defective or not.  It may or may not be                 
         accurate.                                                                  
              3) if said score for each pixel satisfies a stopping                  
         condition, classifying said each pixel as being one of either              
         defective or functional.                                                   
              The one visual observation, if illustrating a significant             
         unexpected difference or not (a “stopping condition” based on the          
         “score”) allows the decision to be made regarding the row of               
         pixels, thus classifying the row as functional or defective.               
              It thus appears to us that the observation of the image made          
         to determine the CCD baseline in Ebel may anticipate or at least           
         render the claimed subject matter obvious.  The appellants and the         
         examiner should consider this alternative interpretation of the            
         disclosure of Ebel and complete the record accordingly.                    

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