Ex Parte LI et al - Page 4




              Appeal No. 2002-1550                                                                                         
              Application No. 09/158,884                                                                                   


                     Appellants argue that Ohuchi does not use the peak and valley count within any                        
              particular block when it classifies a pixel in the block (see principal brief-page 11).  We                  
              disagree.                                                                                                    
                     At the top of column 3 of the patent, it is disclosed that extreme points (peaks                      
              and valleys) corresponding to each of the blocks are counted and the larger one of the                       
              counted extreme points in each block is determined.  Then, a discriminating step                             
              discriminates whether or not a predetermined picture element within an object block                          
              belongs to a dot region based on the relationship of the number of extreme points                            
              of the object block and the numbers of extreme points of the blocks surrounding                              
              the object block.  Accordingly, it appears that Ohuchi does use the peak and valley                          
              count in a block for classifying a pixel.                                                                    
                     Appellants also argue, at page 11 of the principal brief, that whereas the instant                    
              invention requires the classification device to determine a class of a pixel based on the                    
              greatest peak or valley count, after the peak/valley detection device determines the                         
              peak count and the valley count within each subwindow for the particular pixel, Ohuchi                       
              teaches that a pixel is classified solely based on the counts of blocks that meet a                          
              threshold, regardless of the actual peak and valley count.                                                   
                     We agree with the examiner that according to the language of claim 1, a class of                      
              pixel is classified “based on the greatest of the peak counts of the peaks within the                        



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