Appeal No. 94-3823
Application 07/812,249
Martin in view of Clark and Highleyman. The examiner states,
inter alia, that:
Clark discloses a character coding and recognition
system which forms characters which have sections
of different colors as shown in figure 1. The
characters are formed as follows:
Some of the color sections are predominate
(such as the black sections) . . . . Therefore the
sections of predominate color (as well as those of
non-predominate color) do allow humans to recognize
the characters.
Answer at 7-8. However, as appellants amply point out, Clark
discloses plural colors used in various combinations throughout
multiple height bands. This can best be seen by figure 6 of
Clark. Since different colors are used for all of the
characters, there is no predominate color for any character,
i.e., no single color which defines a character to the human eye.
Thus, the claim limitation "plural pixels which are of a first
color, said first color pixels being predominate so as to allow
humans to distinguish said character and a small amount of a
second color . . ." (emphases added) is not met by Clark, which
has been relied on by the examiner to meet this limitation. The
appellants are correct that in Clark the characters do not have a
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