Appeal No. 96-0992
Application 08/293,936
transformation matrix to convert the colorimetric
deviation values into density deviation values.
By converting colorimetric deviation values into density
deviation values "only the measured value acquisition
apparatus needs to be replaced to refit a suitable printing
plant for the process according to the present invention"
(specification, page 9). Independent claims 27 and 38, copies
of which are found in an appendix to appellants’ main brief,
are representative of the appealed subject matter.
In the prior decision, the merits panel held that the
examiner had advanced acceptable reasoning to establish a
prima
facie case of lack of enablement with respect to the step of
converting color deviations into a corresponding set of
standard density deviations, and that appellants had not
submitted evidence to rebut the examiner’s prima facie case. 2
2The 35 U.S.C. § 112, first paragraph, rejection of the
claims in the previous appeal was based on a number of
additional aspects of the claimed invention which the examiner
contended were not supported by an enabling disclosure.
However, the merits panel sustained the rejection only with
4
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Last modified: November 3, 2007