Appeal No. 2003-1420
Application No. 09/338,202
respect to appellants’ argument concerning the JPEG encoded and
decoded V-object image, we find that Courtney is silent as to
whether or not the V-object image is “free of contrast
information.” In order to find that each displayed image in
Courtney is “free of contrast information1” as claimed, we would
have to resort to speculation. Since a proper prima facie case
of obviousness should not be based upon speculation, we have no
choice but to reverse our finding of obviousness in our September
9, 2004 decision.
Appellants’ request that we reconsider our decision has been
granted, and our decision is hereby modified to reflect our
agreement with the appellants. Accordingly, the affirmance of
the obviousness rejection of claims 16, 21, 22, 36 and 41 is
reversed.
1 The images in Figures 7(d) through 7(f) are “free of
contrast information,” but they are not “overlain upon
corresponding pixels of the reference image” as claimed.
3
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