Ex Parte HODGSON et al - Page 6




          Appeal No. 2003-1856                                                        
          Application No. 08/879,322                                                  


               The examiner concludes that it would have been obvious to              
          modify Queisser in accordance with the teachings of Wilkinson “to           
          analyze the image of fruit particles within a matrix selected               
          from a starch matrix or a sugar matrix or a sugar and starch                
          matrix, wherein the fruit matrix being of the kind used in fruit            
          fillings, toppings, dairy products or cooked food products                  
          because it will expand the versatility of the measurement of the            
          food particles and will encompass the inspection of a large                 
          variety of the products in food industry by merely implementing             
          the conventional image processing” (answer-pages 4-5).                      
               For their part, appellants contend that none of the applied            
          references discloses the camera computer imaging of fruit                   
          particles, especially of fruit particles within a sugar and/or              
          starch matrix of the type claimed.  While Queisser is directed to           
          computer imaging of french fries which are methodically and                 
          systematically lined up in the shaped grooves 58 in a sample                
          tray, appellants contend that there is absolutely no disclosure             
          in Queisser of analyzing a fruit matrix of fruit particles, that            
          such fruit or particles are in a starch and/or sugar matrix, or             
          that the grooved sample tray is adapted to receive a fruit                  
          matrix.                                                                     


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