Appeal No. 2004-0930 Application No. 09/934,962 Sato obtains each element Ci of a block’s color feature vector by counting the number of pixels within the hue range di-1 to di+1 in a histogram (col. 25, lines 56-58; figure 43).1 Sato creates a color versus block size (i.e., resolution) index table which shows, for each Ci that is larger than a threshold value, the number of the block (region id) and the number of the image which includes the block (image id) (col. 26, lines 5-10; figure 45). Thus, “index information to images and regions having a predetermined frequency or higher of a specific color is stored in the index table 213 in units of blocks” (col. 26, lines 16-18). The examiner argues that “Sato clearly teaches that the color feature vector (Ci), each Ci represents the number of pixels of color Ci in the block, is a characterization measure that is proportional to the frequency of occupance (how many pixels in the color Ci) in the local histogram of a block” (answer, eighth page)2. The appellant’s claims, however, do not require characterizing a block but, rather, require characterizing an image comprised of partitions (which correspond 1 This corresponds to the appellant’s determining a frequency of occurrence of each color of a plurality of pixels within each of a plurality of partitions. 2 The pages in the examiner’s answer are not numbered. 3Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007