Appeal No. 2005-0319
Application No. 09/946,874
The examiner response, on pages 13 and 14 of the answer, states:
Berlin teaches mapping a list of two or more indices into a second
color cube entry. For example, it is clear from Berlin’s teaching that a palette
memory address or a collection of palette memory address corresponds to
the 32x32x32 color cube (“a second color cube entry”). Berlin teaches in
column 10 the RGB index color value indexing the RGB slot for the color cube
such as having the dimensions 16x16x16 (column 10) and each RGB slot is
used to store a palette memory address of a palette color value (column 8).
Up to this point from the cited portions, Berlin at least have taught mapping an
index to the palette memory address storing the index for the color cube
16x16x16. The Examiner further asserts that Berlin teaches mapping two or
more indices to the color cube entry corresponding to 32x32x32. For
example, eight indices, each of which originally being mapped to the smaller
color cube 16x16x16, are now mapped to the 32x32x32 color cube that
contains the eight smaller color cubes 16x16x16. To understand how the
color cubes having different dimensions are being generated, it is clear from
column 7 of Berlin that the 32x32x32 uniformly spaced color cube can be
generated by dividing each component of a uniformly spaced 256x256x256
by eight and 16x16x16 color cube is generated by dividing each component
of the uniformly space 32x32x32 by two. (See also column 8-10).
We disagree with the examiner’s rationale. We find that independent claim 1
includes a limitations of “mapping a list of two or more color indices to the second
color cube entry, wherein each color index represents a color that falls within the
color region defined by the second color cube entry that the color index is mapped
to” and “determining a color index to be placed in the first color cube entry based on
similarity by comparing the color region defined by the first color cube entry to each
of the colors represented by the color indices in the one or more corresponding
second color cube entries.” Independent claims 15 and 29 contain similar
limitations. We find that Berlin teaches, in column 8 lines 33-42 and column 10,
lines 46-65, that a 256x256x256 color cube can have every 8th slot filled with a color
index to create a 32x32x32 color look up table. While the 256x256x256 color cube
and the 32x32x32 color look up table could be considered to meet the claimed first
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