Appeal No. 2002-2053
Application No. 09/329,135 Page 11
From our review of claim 29, we find that the claim requires
user preferences comprising problem color combinations and
preferred color combinations, both of which reside in memory.
The claim additionally recites searching user preferences and
comparing the current color combination with at least one of the
plurality of problem color combinations. The claim additionally
recites selecting and applying the preferred color combination if
it matches the problem color combination in the user preferences.
Because the claim recites that the problem color combinations and
the preferred color combinations reside in memory, we find that
the claim is not anticipated by Netscape because there is no
disclosure in Netscape of having problem and preferred color
combinations in memory, which are compared to select and apply a
preferred color combination that matches the problem color
combination. We are not persuaded by the examiner’s assertion
(answer, page 9) that because Netscape discloses a plurality of
color combinations in memory, that whether the combination is
problematic or preferred is up to the user’s interpretation of
what color the user wants to use. The fact that there are colors
residing in memory is not a disclosure of the memory having a
plurality of problem color combinations and a plurality of
preferred color combinations, from which the user can compare a
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