Ex Parte VENABLE - Page 6




          Appeal No. 2002-1458                                                        
          Application 08/785,109                                                      


          background, determining boundaries of the plurality of objects              
          . . .”, as recited in Appellant’s claims 1 and 13.  See pages 7             
          through 10 of the Appellant’s brief.  Also see Appellant’s reply            
          brief, pages 1 through 5.                                                   
               The Examiner responds to Appellant’s arguments by stating              
               Aono certainly discloses that a user performs editing                  
          functions to the image (column 10, lines 39-60), this is done               
          AFTER the extracted processing section (4) performs a process of            
          separating the background image and the object image so as to               
          form region information (column 9, lines 50-62), this process is            
          done based on a display program (column 7, lines 2-19).  The                
          extracted processing part separates the object image from the               
          background (column 10, lines 13-25), which clearly reads on using           
          preprogrammed instructions to determine the background of the               
          digitized image.  The user edits the image AFTER the background             
          has been determined by the extracted processing part, and uses              
          the region information generated from the extraction process to             
          edit the image, since “human eyes generally have high spatial               
          resolution, and hence are highly sensitive to any offset to lines           
          and planes, i.e. to edges” (column 10, lines 39-51).                        
          See pages 12 and 13 of the Examiner’s answer.                               
               Upon our review of Aono, we find that Aono teaches in                  
          section 3 a Method of Compressing Full-Color Pictorial Parts.               
          This is found in column 9, line 44, through column 15, line 34.             
          Aono discloses that this method is a method for compressing and             
          coding only a selected partial region of a full-color image.  See           
          column 9, lines 45 through 46.  Referring to figure 12, Aono                
          teaches that image data 1, 2, such as an original, picture or a             
          photograph to be processed, are stored in the image data base 32            
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