Ex parte Kobori

Board of Patent Appeals and Interferences

Mar 19, 1999

07981207 (B.P.A.I. Mar. 19, 1999)

Application for patent filed November 25, 1992.1
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1) was not written for publication in a law
journal and (2) is not binding precedent of the Board.
Paper No. 29
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte MASAHIRO KOBORI
_____________
Appeal No. 96-0529
Application 07/981,2071
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HEARD: MARCH 11, 1999
_______________
Before KRASS, JERRY SMITH and RUGGIERO, Administrative Patent Judges.
KRASS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the final rejection of claims 6 through 9 and 13 through 19.
Claims 1 through 5, 10 through 12, 20 and 21 have been withdrawn as directed to a nonelected
invention.
Appeal No. 96-0529
Application 07/981,207
2
The invention is directed to an apparatus for generating ruled line sheets. More particularly,
table information on the positions and lengths of a table is converted into a bar code. When the bar
code is printed on the top of a sheet, the code can be later read, wherein the coded information therein
is decoded and converted back into the original ruled line information.
Representative independent claim 16 is reproduced as follows:
16. A coding apparatus comprising:
memory means for storing table information;
detecting means for detecting from said table information positions and lengths of ruled lines in
respective directions of a table represented by said table information stored in said memory means;
dividing means for dividing the table information into a plurality of areas based on the detected
positions of the ruled lines; and
converting means for generating coded information on the ruled lines based on the table
information divided into a plurality of areas from said dividing means and the detected positions and
lengths from said detecting means.
The examiner relies on the following references:
Tanaka 4,494,862 Jan. 22, 1985
Johnson et al. (Johnson) 5,060,980 Oct. 29, 1991
Appeal No. 96-0529
Application 07/981,207
3
Claims 16 through 19 stand rejected under 35 U.S.C. 102(b) as anticipated by Tanaka.
Claims 6 through 9 and 13 through 19 stand rejected under 35 U.S.C. 103 as unpatentable over
Johnson and Tanaka.
Reference is made to the briefs and answer for the respective positions of appellant and the
examiner.
OPINION
We reverse.
While we appreciate the examiner’s efforts in painstakingly setting forth, in the examiner’s view,
the specific correspondence of the claimed elements and those taught by the applied references, we do
not agree with the examiner’s interpretation of the references.
More particularly, each and every claim on appeal recites, and requires, in one form or another,
Appeal No. 96-0529
Application 07/981,207
4
the reading of table information off of a sheet having a table printed thereon wherein the table
information includes “positions and lengths of ruled lines” in the table.
The examiner cites Tanaka, Figures 13a-13h and lines 32-40 of column 8, and reports that the
table information in Tanaka “includes all information needed to recreate tabular lines (ruled lines)”
[answer-page 3, right-hand column at the bottom of the page].
While we would agree with the examiner that Tanaka’s disclosure may be broadly construed to
cover the storage of information regarding tables on a sheet of paper wherein that information is
encoded in a bar code, Tanaka clearly does not store information regarding the tabular lines, per se. It
appears that the examiner has confused the storage of information in the table, in Tanaka, with
information about the table as in the instant claimed invention.
The instant claimed invention clearly calls for the table information stored to include “positions
and lengths of ruled lines.” Even assuming, arguendo, that the storage of “positions” of the lines of a
table is broadly taught by Tanaka, there is clearly no suggestion in Tanaka, nor has the examiner
convincingly pointed to anything therein, related to the storage of table information including “lengths of
ruled lines,” as claimed.
Appeal No. 96-0529
Application 07/981,207
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The examiner cites Johnson, together with Tanaka, for application against the claims containing
the limitation of a “reading means.” However, Johnson does not remedy the deficiency of Tanaka
explained supra. Accordingly, the rejection of claims 16 through 19 under 35 U.S.C. 102(b) and of
claims 6 through 9 and 13 through 19 under 35 U.S.C. 103 is not sustained.
The examiner’s decision is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JERRY SMITH )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOSEPH F. RUGGIERO )
Administrative Patent Judge )
Appeal No. 96-0529
Application 07/981,207
6
EAK/dal
Appeal No. 96-0529
Application 07/981,207
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RONALD P. KANANEN
RADER, FISHMAN & GRAUER
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