Appeal 2007-2513
Application 09/785,443
As indicated supra, Bergman (col. 13, ll. 1-6) refers to a color
descriptor that defines a histogram as having a particular color space and bin
number. Although Bergman does not disclose a description means defining
color space and a separate description means defining color quantization
method, claim 28 merely requires a description means for both. Thus,
Bergman discloses the claimed description means. As to using a method
which is the same as the described color space and color quantization
method, as indicated supra, Bergman transforms one histogram such that it
has the same color space and color quantization method as the other.
Therefore, we will sustain the anticipation rejection of claim 28.
Regarding claims 29 and 30, Appellants contend (Br. 14) that
Bergman fails to disclose "a retrieval unit for calculating a similarity
between the color histogram of the query multimedia data extracted before1
and the color histogram of the multimedia data to be retrieved." As
explained by the Examiner (Answer 14), Bergman transforms one histogram
to the same color space and color quantization method as another histogram
so as to be able to compare the two and retrieve the best responses to a
search query. Thus, Bergman calculates the similarities, and we will sustain
the anticipation rejection of claims 29 and 30.
For claim 31, Appellant (Br. 14-15) states what is recited in the claim
and discusses portions of the Specification, but does not indicate what
specifically is supposedly lacking from Bergman. In fact, Bergman is not
even mentioned. Therefore, we will pro forma sustain the anticipation
rejection of claim 31.
1 We note that claim 29 is unclear as to what the extraction occurs before.
Similar language appears in claim 32.
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