Appeal No. 2004-0042 Application 09/368,380 various coherences of dependent claim 5 and the scaling functions of claim 6 (mirrored in claims 15 and 16) on the basis of O’Rourke alone. Therefore, the examiner in our view is free to institute a rejection under 35 U.S.C. § 102 or 35 U.S.C. § 103 on the basis of O’Rourke alone and/or in view of Tekalp or some other available prior art. In closing, we have affirmed the examiner’s separate rejections under 35 U.S.C. § 102 of claims 1 through 3, 11 through 13, and 21 through 26. On the other hand, we have reversed the rejection of their respective dependent claims 4 through 6, 8, 14 through 16, and 18. Therefore, the decision of the examiner is affirmed-in-part. 12Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007