Ex Parte Youngers - Page 4



          Appeal No. 2006-0830                                                        
          Application No. 09/911,954                                                  

               Appellant argues, taking claim 1 as exemplary, that Sobol does         
          not teach or suggest examining the color components of a pixel and          
          selectively applying a matrix to the color components (plural) to           
          create an output color component (singular).  Instead, appellant            
          argues, Sobol appears to apply a matrix to either a single color            
          component or a single lightness coordinate value across a number of         
          pixels to produce a single value with improved contrast (principal          
          brief-page 8).  In the reply brief, at pages 2-4, appellant                 
          elucidates by providing a Figure 1, allegedly showing how Sobol             
          applies a filter to an array made up of a single color component            
          from each of several pixels, whereas the instant invention applies          
          a matrix to multiple color components of a single pixel.                    

               We start our analysis with the language of the claim at issue.         
          “The name of the game is the claim”- quote from Giles Rich.  In re          
          Hiniker, 150 F.3d 1362, 1369, 47 USPQ2d 1523, 1529 (Fed. Cir.               
          1998).                                                                      

               Claim 1 calls for a “method of processing color image data.”           
          Surely, the image sharpening filter of Sobol, with its indication           
          of being applicable to “color” (column 4, lines 31-37) qualifies as         
          such a method.                                                              

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