Appeal No. 2004-0930
Application No. 09/934,962
to Sato’s blocks). Sato’s image is characterized by the index
table (col. 26, lines 16-18; figure 45). Each color Ci in that
table merely represents the portion of the hue axis in the
histogram from di-1 to di+1 (figure 43). For all di-1 to di+1
portions having a number of pixels which exceeds a threshold
value, the image and block numbers are shown in the index table
(col. 26, lines 5-10). Thus, a Ci value in the index table for
which there are image and block numbers indicates that the amount
of the color Ci in the block is above the threshold value, but
does not indicate the degree to which the amount of color exceeds
the threshold value. Hence, the color measures Ci in Sato’s
index table are not proportional to the frequencies of occurrence
of the colors.
For the above reasons we find that the examiner has not
carried the burden of establishing a prima facie case of
anticipation by Sato of the invention claimed in the appellant’s
claims 1-5 and 11-15. We therefore reverse the rejection of
those claims.
Claims 6-10 and 16-20
The appellant states that claims 6-10 and 16-20 stand or
fall together (brief, page 3). We therefore limit our discussion
to one of these claims, i.e., claim 6. See In re Ochiai, 71 F.3d
4
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007