Ex Parte BATES et al - Page 9




          Appeal No. 2002-2053                                                        
          Application No. 09/329,135                                 Page 9           


          recite the phrase "problem color" we find that if a user does not           
          like the color and decides to change the color, the color that is           
          not liked may be considered by the user to be a problem color.              
          In addition, because a user can select a different color to                 
          replace a color that the user does not like by "[c]lick [ing] on            
          one of the 48 colors ... to assign it to the chosen element”                
          (page 155), we find that Mastering Windows meets the claimed step           
          of "selecting one of a plurality of color combinations for at               
          least one text object and a background object based on the                  
          current color combination, if the current color combination is a            
          problem color."  See also the disclosure on page 154 of using               
          solid colors for window text and background.  Moreover, the                 
          claimed "applying the selected color combination to the at least            
          one text object and the background object" is met by the                    
          disclosure (page 155) of clicking the OK button and saving the              
          selected color scheme.  Thus, although we are cognizant of the              
          fact that Mastering Windows does not disclose automatic contrast            
          adjustment, we find that claim 21, as drafted, is broad enough to           
          read on the disclosure of Mastering Windows.  Moreover, although            
          the examiner has not given weight to the preamble of the claim              
          (answer, page 5), we find that the language of the preamble is              









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