Appeal 2007-2513
Application 09/785,443
column 14, line 2, Bergman converts a query color histogram having a RGB
color space and bin number of 512 into an archive histogram having a
different color space derived from the RGB color space and a bin number of
512. Since the two color spaces are different, the histograms as a whole are
different. After the conversion, the histograms as a whole are the same,
since both the color space and the bin number are the same. Thus, Bergman
discloses converting a query histogram into another histogram having a
color space and color quantization method of an archive histogram.
Accordingly, we will sustain the anticipation rejection of independent claim
1 and the claims argued therewith, claims 2 and 5.
As to claim 4, Appellants contend (Br. 9-10 and Reply Br. 4) that
Bergman fails to disclose both a color space description means and also a
quantization description means, as recited in the claim. The Examiner
(Answer 9) asserts that Bergman discloses both description means as each
histogram defines both color space and color quantization method. The
second issue, accordingly, is whether Bergman discloses the two recited
description means.
Bergman (col. 13, ll. 1-6) refers to a color descriptor that defines a
histogram as having a particular color space and bin number. Bergman does
not disclose a description means defining color space and a separate
description means defining color quantization method. Although the word
"separate" or the like is not recited in claim 4, the recitation of two different
description means suggests two separate elements, which are not found in
Bergman. Therefore, we will reverse the anticipation rejection of claim 4.
Claim 6 includes the same language as claim 1 for the conversion
element/step. Appellants (Br. 10 and Reply Br. 3-4) set forth the same
4
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