Appeal No. 1997-4047 Page 8
Application No. 08/309,508
color gamut is a different type of mismatch than another color
value being outside another color gamut.” (Supplemental
Examiner’s Answer at 1.)
The appellant errs in considering the references
individually. “Non-obviousness cannot be established by
attacking references individually where the rejection is based
upon the teachings of a combination of references.” In re
Merck & Co., 800 F.2d 1091, 1097, 231 USPQ 375, 380 (Fed. Cir.
1986) (citing In re Keller, 642 F.2d 413, 425, 208 USPQ 871,
881 (CCPA 1981)). In determining obviousness, furthermore, a
reference “must be read, not in isolation, but for what it
fairly teaches in combination with the prior art as a whole.”
Id., 231 USPQ at 380.
Here, the rejection is based on the combination of McColl
and Walowit. The appellant admits that in McColl, the primary
reference, “the input and output color signals ... are of the
same color space.” (Appeal Br. at 5.) More specifically, the
primary reference discloses that “[t]he input and output data
are ... (RGB) vectors ....” P. 96. The appellant also admits
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