Ex Parte Brandenberger et al - Page 10

                Appeal 2007-1652                                                                                
                Application 09/776,058                                                                          
                                                                                                               
                references to arrive at the claimed invention.4  Although Kim teaches that                      
                hue is determined by the phase difference between a burst signal and color                      
                data of a video signal as Appellants indicate, generating the color signal C                    
                (either via the color processor 117 or user selection using the color filtering                 
                device) nonetheless involves generating and processing digital signals.                         
                       As shown in Figure 1 of Kim, signal processor 100 -- a system which                      
                comprises color processor 117 -- is located between (1) A/D converter 114                       
                and (2) D/A converters 118, 119.  Although not shown in Figure 1, the color                     
                filtering device is likewise located between the A/D and D/A converters                         
                since the color filtering device, like the color processor, generates color data                
                that ultimately produces a color signal C in accordance with the user’s                         
                selection.  Although this color signal C is converted to an analog signal and                   
                mixed with luminance signal Y for video output, the reference nonetheless                       
                teaches providing a user-selectable color filter that will produce “filtered                    
                image data” in the digital domain.  The fact that the color data may relate in                  
                some way to the analog video signal5 does not, however, detract from the                        
                fundamental teaching that colors are selected in Kim using the color filtering                  
                device to provide “filtered image data” in the digital domain.                                  
                       We see no reason why the skilled artisan would not have applied a                        
                commensurate color selection feature in Anderson’s system, particularly                         
                since color adjustment is one of the filter options on the image editing screen                 
                                                                                                               
                4 See In re Meyer, 599 F.2d 1026, 1031, 202 USPQ 175, 179 (CCPA 1979)                           
                (noting that obviousness rejections can be based on references that happen to                   
                anticipate the claimed subject matter).                                                         
                5 For example, Kim indicates that the color data corresponds to the phase of                    
                a burst signal (Kim, col. 2, ll. 60-62).  Kim also notes that the phase                         
                difference between a burst signal and color data of a video signal represents                   
                hue (Kim, col. 3, ll. 19-20).                                                                   
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