Appeal No. 2004-0930
Application No. 09/934,962
1565, 1566 n.2, 37 USPQ2d 1127, 1129 n.2 (Fed. Cir. 1995); 37 CFR
§ 1.192(c)(7)(1997).
Sato discloses a method for comparing colors in respective
regions of a registered image and a designated image (col. 29,
lines 23-25). The registered image is input and divided into
regions with similar colors, and color amounts in each region are
extracted, mapped in the HSV color space and stored as a ratio to
the area of the entire image (col. 27, lines 46-52 and 60-65;
col. 28, lines 31-60). The designated images’ color is converted
into H, S and V values that are mapped on the same color space as
the registered image, and the areas of the colors are compared
(col. 29, line 1 - col. 30, line 40). These areas necessarily
indicate the frequency of occurrence of the colors.
Thus, the examiner’s finding that Sato discloses each
element of the method claimed in the appellant’s claim 6
reasonably appears to be correct (answer, tenth page). For this
reason and because the appellant does not challenge the
examiner’s finding, we affirm the rejection of claim 6 and
claims 7-10 and 16-20 that stand or fall therewith.
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