Appeal 2007-2513
Application 09/785,443
contentions as for claim 1. As we have found that the language relied upon
by Appellants neither appears in nor is implied by the claims, we will sustain
the anticipation rejection of claim 6 and the claims which are argued
therewith, claims 7 and 11.
For claims 9 and 10, Appellants (Br. 10-12) repeat the claims
verbatim in their entirety, discuss the relevant portions of the Specification,
and conclude with a statement that "Bergman does not disclose or suggest
such features." Appellants do not indicate which steps are allegedly lacking
from Bergman and do not explain why the portions referenced by the
Examiner (Answer 4-5), the same portions referenced by the Examiner in
the Final Rejection, do not satisfy the language of claims 9 and 10.
Appellants contend (Reply Br. 4-5) that Bergman's conversion is not based
on color space and color quantization method and, therefore, the Examiner's
statement (Answer 11) that "the comparison has to be inherent" is in error.
Thus, Appellants' contention regarding claims 9 and 10 appears to be that
Bergman does not disclose the claimed step of "converting the color
histograms into the color histograms having the same color space and color
quantization method when the color histogram[s] … are not the same,"
because Bergman only converts color space, not color quantization method.
As such, the issue for claims 9 and 10 is whether Bergman discloses the
claimed conversion step.
As discussed supra, Bergman discloses a beginning histogram with a
different color space than an ending histogram. Since the color spaces are
different, the histograms as a whole are different. Bergman discloses
converting the starting histogram into the ending one. Thus, even though the
color quantization methods of the starting and ending histograms are the
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