Ex Parte NEFF et al - Page 11




          Appeal No. 2002-0279                                                        
          Application No. 09/164,795                                                  


          been obvious to apply Sobol to IBM because of Sobol’s “taught               
          advantage of scalable vectors, providing the advantage of scaling           
          to IBM” (answer-page 19).  The examiner further states that the             
          Windows Metafile Clipboard format is a well known data format for           
          the transfer of data within the software art.                               
               It is appellants’ position that Sobol teaches data                     
          compression and the ability to compress grayscale data, “which is           
          a totally different concept” (brief-page 17).                               
               Since the examiner points out that column 8, lines 39-42, of           
          Sobol clearly teaches that the compressed data file may also be             
          accessed immediately to “allow the image represented thereby to             
          be scaled and/or rotated as necessary...” and appellants do not             
          respond, we find for the examiner and hold that Sobol does teach            
          that a data type for a region of a document may be a black and              
          white scalable vector, as claimed.  In addition, since the                  
          examiner has set forth a reasonable basis for making the                    
          combination, which is not convincingly rebutted by appellants, we           
          will sustain the rejection of claim 5 under 35 U.S.C. § 103.                
               We have sustained the rejection of claims 1-4, 6 and 10-14             
          under 35 U.S.C. § 102(a).  We have sustained the rejection of               
          claims 1-6, 8-15, 17-19 and 20-23 under 35 U.S.C. § 103.  We have           


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