Ex Parte BATES et al - Page 10




          Appeal No. 2002-2053                                                        
          Application No. 09/329,135                                Page 10           


          met by Mastering Windows because the reference provides for                 
          changing the color of text and background, which will improve               
          color contact.                                                              
               From all of the above, we find that the examiner has set               
          forth a prima facie case of anticipation of independent claim 21,           
          which has not been successfully rebutted by appellants.                     
          Accordingly, the rejection of claim 21 under 35 U.S.C. § 102(b)             
          is affirmed.  As claims 1, 2, 8, 22, 28, 38-41, and 47 fall with            
          independent claim 21 (brief, page 3), the rejection of claims 1,            
          2, 8, 22, 28, 38-41, and 47 under 35 U.S.C. § 102(b) is affirmed.           
               We turn next to the rejection of claims 9, 11, 19, 29, 31,             
          36, 48-50, 52, and 60 under 35 U.S.C. § 102(b) as being                     
          anticipated by Netscape.  We turn to independent claim 29.  The             
          examiner's position can be found on page 4 of the final                     
          rejection.  Appellants assert (brief, page 4) that Netscape                 
          simply describes a mechanism for identifying custom colors, and             
          that (brief, page 5) “[t]here is no discussion whatsoever about             
          problem color combinations, comparing a current combination                 
          against one or more problem color combinations, or selecting and            
          applying a preferred color combination when a current color                 
          combination matches a problem color combination.”                           









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