Ex Parte Rhoads - Page 5




          Appeal No. 2003-0274                                                        
          Application No. 09/476,460                                                  


               claims further define the subcombination - some of them                
               introducing operations that clearly demonstrate use in                 
               a decoding method.                                                     
               We agree with the appellant’s arguments.  The indefiniteness           
          rejection of claims 2 through 9 is reversed because the examiner            
          has not proven that the claims are indefinite merely because the            
          term “decoding” is not expressly recited in the two method steps            
          of claim 1.                                                                 
               Turning next to the anticipation rejection of claim 9, we              
          agree with the appellant’s arguments (supplemental brief, page 4)           
          that “Sheng teaches use of the Fourier-Mellin2 technique in                 
          pattern matching applications,” but does not mention “information           
          steganographically encoded within an image.”  The examiner’s                
          contentions (answer, pages 5 and 6) to the contrary                         
          notwithstanding, Sheng does not disclose steganographically                 
          encoded information or graticule information within an image.               
          Thus, the anticipation rejection of claim 9 is reversed because             
          Sheng does not disclose every limitation of claim 9.                        
               Turning next to the obviousness rejection of claims 2                  
          through 4, we agree with the appellant’s arguments (supplemental            


               2 Appellant’s disclosure states that “the Fourier-Mellin               
          transform is well suited for use in . . . pattern matching                  
          problems” (specification, page 82).                                         
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