Ex Parte Thompson - Page 5


               Appeal No. 2005-0319                                                                                                 
               Application No.  09/946,874                                                                                          
                                                                                                                                   
               and second color cube, we find no disclosure in Berlin that two or more color indices                                
               (which represent a color) are mapped to one of the entry in the 32x32x32 color look                                  
               up table and that from these entries a determination is made to place a color index in                               
               the first color table as is claimed.  Accordingly, we will not sustain the examiner’s                                
               rejection under 35 U.S.C. § 102 of independent claims 1, 15 and 29 or dependent                                      
               claims 2 through 7, 16 through 21 and 30 through 35.                                                                 
                       We next consider the examiner’s rejection of claims 8, 9, 14, 22, 23, 28, 36,                                
               37 and 42 under 35 U.S.C. § 102.  Appellant argues, on page 13 of the brief, that                                    
               Berlin does not teach or suggest mapping an color index to additional color cube                                     
               entries based upon a distance between the location and the color region defined by                                   
               the additional color cube entries. Further, appellant argues, on page 15 of the brief:                               
                               The Advisory Action states that the Euclidean distance calculation                                   
                       between any two color points involves a LOCATION within a color cube of a                                    
                       first color.  Appellant respectfully disagrees.  The Euclidean distance                                      
                       calculation is specified in col. 2, line 30 as [equation omitted].                                           
                                                                                                                                   
                               Accordingly, the distance calculation merely subtracts the RGB values                                
                       of one color from another color, squares them, and then compares a resulting                                 
                       square root.  In this regard, there is no determination of where in a first color                            
                       cube, a particular color exists.  Instead, the distance between two color[s] is                              
                       determined.  Thus, contrary to that asserted in the Advisory Action, Berlin                                  
                       does not teach determining a location within a color cube of a first color that is                           
                       represented by a color index.                                                                                

                       The examiner responds, on page 18 of the answer, stating:                                                    
                       Berlin teaches determining the first color value or the first color point such as                            
                       (R1, G1, B1) within a color cube (See column 2, line 30) with a first color cube                             
                       of a first color.  For example, comparing the first color value in a first color                             
                       cube with the second color value in a second color cube.  Therefore, Berlin                                  
                       clearly meets the limitation “determining a location with a color cube of a first                            
                       color.”                                                                                                      


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