Ex Parte VENABLE - Page 7




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


          shown in figure 8.  Numeral 4 denotes an extracted processing               
          section which is in receipt of the pictorial part.  See column 9,           
          lines 50 through 62.  Aono teaches that when the input image is             
          appointed to be pictorial parts, the extracted processing section           
          4 conducts the separation of the object image from the component            
          background image.  See column 10, lines 13 through 16.  As shown            
          in figure 15, “0" and “1” are allocated to the component                    
          background image and the object image, thus forming a region                
          information.  This process is conducted by the user who                     
          determines whether “1” or “0" is to be allocated through the                
          interactive method.  See column 10, lines 20 through 27.  Thus,             
          we fail to find that Aono teaches a computer, “in accordance with           
          preprogrammed instructions, determining a background of the                 
          digitized image, identifying the plurality of digitized                     
          undersized originals as objects within the digitized input image            
          based on the determined background, determining boundaries of the           
          plurality of objects” as recited in Appellant’s claims 1 and 13.            
          Therefore, we will not sustain the Examiner’s rejection of claims           
          1 through 3, 5 through 7, and 10 through 12 under 35 U.S.C. §               
          102.                                                                        
               In regard to the 35 U.S.C. § 103 rejections, we note that              
          the Examiner has relied on Aono for the above limitation.                   
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