Appeal 2007-2513
Application 09/785,443
SUMMARY OF DECISION
As a consequence of our review, we will affirm the anticipation
rejection of claims 1, 2, 5 through 7, 9 through 11, and 28 through 33 and
the obviousness rejection of claim 12 and reverse the anticipation rejection
of claims 4 and 13 through 18.
OPINION
Appellants contend (Br. 8-9 and Reply Br. 1-3) that Bergman
discloses converting a histogram "based on color space," but not "based also
on color quantization, as recited in independent claim 1" (See Br. 8).
Appellants explain that the example in Bergman in columns 13-14 has the
same number of bins (or quantization methods) for both histograms, and,
therefore, does not base the conversion on the color quantization.
Appellants present no further arguments for claim 1. The Examiner asserts
(Answer 7) that the phrase "based on" does not appear in independent claim
1, and that Bergman converts one histogram with a given color space and
color quantization into another histogram having a given color space and
color quantization, as recited in claim 1. The first issue is, therefore,
whether claim 1 requires that the conversion be "based on" both color space
and color quantization.
Independent claim 1 reads in pertinent part, "a histogram converter
which converts the color histogram of one … into a histogram having a color
space and color quantization method of the other." As indicated by the
Examiner, the phrase "based on" does not appear in claim 1. The color
histograms disclosed by Bergman include both color space and bin number
(or color quantization method). In the example at column 13, line 39-
3
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Last modified: September 9, 2013