Appeal 2007-2513
Application 09/785,443
same, Bergman satisfies the claim language of claims 9 and 10.
Accordingly, we will sustain the anticipation rejection of claims 9 and 10.
Independent claim 13 recites a step of converting one histogram into
another "when the color spaces and color quantization methods … are
different [from] each other." Similar language is recited in independent
claim 17. Thus, claims 13 and 17 differ from independent claims 1 and 6, as
they do require that both the color space and also the color quantization
method of the query data be different from those of the data to be retrieved.
Since Bergman's example has the same bin number for both histograms, and
since Bergman only specifies (col. 13, ll. 60-66) that the color space must be
transformed, we would have to speculate as whether Bergman also does a
conversion of the color quantization method. Consequently, we cannot
sustain the anticipation rejection of claims 13 and 17 and their dependents,
claims 14 through 16 and 18.
As to claim 28, Appellants contend (Br. 13-14 and Reply Br. 6) that
Bergman fails to disclose a description means for describing both a color
space and a color quantization method, as Bergman does not take into
consideration the color quantization method when transforming histograms.
Further, Appellants contend that Bergman does not disclose extracting a
color histogram using a method "which is the same as the described color
space and color quantization method." The issue for claim 28 is whether
Bergman discloses a description means for describing both a color space and
a color quantization method and extracting a color histogram using a method
which is the same as the described color space and color quantization
method.
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