Ex Parte ANDRESEN et al - Page 20



          Appeal No. 1999-2040                                                        
          Application No. 08/475,023                                Page 20           

          separate categories and provides different types of color                   
          correction according to the category, we find no suggestion of              
          combining the teachings of Spaulding and Oshikoshi as advanced by           
          the examiner, except from appellants' disclosure.                           
               However, we find that Oshkoshi alone meets claim 10.  As               
          discussed supra, Oshikoshi discloses determining whether an                 
          object in an image is one of a predetermined category of objects.           
          In addition, objects that fall within the CG category but are               
          directed to primary colors have little or no gradation                      
          correction, as shown as table data 50a in figure 3.  For CG                 
          images representing composite colors that do not have high                  
          chroma, gradation correction is provided, as shown as table data            
          50b in figure 7.  The composite colors have a predetermined limit           
          value greater than the primary colors by the number of colors               
          present.  The image is generated in accordance with the adjusted            
          color value (figure 8).  Thus, we find that the body of the claim           
          is met, and the issue becomes whether the language of the                   
          preamble should be treated as a limitation.  We find that the               
          language in the preamble "for minimizing color-induced artifacts            
          in images" states an intended use of the device and does not                
          recite any essential steps.  We additionally find that the body             
          of the claim defines a complete invention and that the language             






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