Ex Parte PODILCHUCK et al - Page 7



          Appeal No. 2004-0042                                                        
          Application 09/368,380                                                      


          of the Reply Brief appears to not come to grips with the                    
          merits of the examiner’s position at page 8 of the Answer.  It              
          should be noted that the claim does not recite a constrained                
          mathematical function at all nor is a mathematical function that            
          constrains the amount or nature of the data recited in any                  
          manner.                                                                     
               This constrained function limitation of claims 1 and 11                
          appears to be a generic recitation of the more specific feature             
          recited in dependent claim 4 relating to the Markov Random Field            
          (MRF) which is detailed in independent claims 21 and 24 on                  
          appeal.  Finally, the advantages of the invention argued at                 
          the bottom of page 2 of the Reply Brief are merely advantages               
          relating to the disclosed invention and not any advantages that             
          may be fairly attributed to the extremely broad recitation of the           
          features in the questioned clause of claims 1 and 11 on appeal.             
               Since appellants have presented no arguments as to dependent           
          claims 2, 3, 12 and 13 within this first stated rejection, the              
          rejection of them likewise is affirmed.                                     
               Turning next to the rejection of independent claims 21 and             
          24 under the second stated rejection, we note that appellants               


                                          7                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007