Ex Parte SUZUKI et al - Page 8




                 Appeal No. 2002-2177                                                                                  Page 8                     
                 Application No. 08/777,424                                                                                                       


                 who intends to equalize brightness values, for example, chooses the "Equalize                                                    
                 command."  P. 125, col. 2.  Responding to the "command, Adobe Photoshop finds the                                                
                 brightest and darkest values in the image, and averages all the brightness values so                                             
                 that the darkest value represents black . . . and the brightest value represents white."                                         
                 (Id.)                                                                                                                            


                         Because Taniguchi lays out image data using a pattern, and Adobe corrects                                                
                 image data based of an intention of a user, we are persuaded that the combined                                                   
                 teachings of the references would have suggested laying out image data using a                                                   
                 pattern and correcting at least one of the image data based of an intention of a user.                                           
                 Therefore, we affirm the rejection of claim 1 and of claims 2-7, 17, and 20, which fall                                          
                 therewith.                                                                                                                       


                                                        2. First and Second Units                                                                 
                         The appellants argue, "nothing is taught or suggested in th[e] cited art as to first                                     
                 and second automatic layout units and using the second automatic layout unit to                                                  
                 receive a user intention and use same [sic] to correct an automatic layout result of the                                         
                 first automatic unit."  (Appeal Br. at 15.)  Noting that "[t]he Appellants did not claim that                                    
                 the units be two physically distinct units, nor does it appear that they intended to claim                                       
                 this feature as two physically distinct units," (Examiner's Answer at 29), the examiner                                          








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