Ex Parte Youngers - Page 9

                Appeal No. 2006-3077                                                                               
                Application No. 09/911,912                                                                         
                       black, to be adjusted. It is to be further appreciated a similar                            
                       arrangement could be made with only a lower offset point and no                             
                       upper offset point. This would result in darker values in an image to                       
                       be preserved, but causing lighter values, excluding absolute white,                         
                       would be adjusted.                                                                          
                       With the above discussion in mind, we find that one of ordinary skill                       
                in the art would not have found that Farnung teaches the invention, as                             
                recited in claim 5.  Farnung discloses a method and system for determining                         
                the  contrast  and  brightness  of  an adjusted  tone  reproduction  curve.                        
                Particularly, Farnung discloses a lower and upper offset points, indicating                        
                respectively darker and lighter values on the reproduction curve. Farnung                          
                further discloses modifying the reproduction curve by placing additional                           
                pixel component values ranging between the lower and upper offset points                           
                of the curve.                                                                                      

                       We find that one of ordinary skill in the art, at the time of the present                   
                invention, would have readily recognized that Farnung’s teachings do not                           
                extend to modifying the reproduction curve by placing pixel values outside                         
                of  the  lower  and  upper  offset  points on  the  curve.    Consequently,  the                   
                ordinarily skilled artisan would have aptly appreciated, as did the Examiner,                      
                that Farnung does not teach the step of “otherwise modifying the color                             





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