Appeal No. 96-0992
Application 08/293,936
effort required to practice the claimed invention
given Appellants’ originally filed disclosure, and
therefore confirms that one skilled in the art could
have made and used Appellants’ invention, based
solely on Appellants’ disclosure, without undue
experimentation. [Main brief, page 11.]
It is the examiner’s bottom line position in the present
appeal that the newly submitted evidence does not overcome the
rejection. See pages 15-17 of the answer.
With respect to the step of converting color deviations
into a corresponding set of standard filter density
deviations, appellants’ specification on pages 10 and 11
informs a person skilled in the art that this may be
accomplished by the use of a transformation matrix whose
elements are the partial derivatives of the color coordinates
with respect to the color density deviations. The
specification further informs the skilled artisan that the
matrix elements may be determined empirically.
Turning to appellants’ newly submitted evidence, it is
clear that the "Matrix Algebra For Colorimetrists" publication
by Eugene Allen submitted in support of the Celio declaration
is very pertinent to the enablement issue before us in that it
is not merely directed to the fundamentals of matrix algebra,
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