Appeal No. 96-0992
Application 08/293,936
Moreover, given the showing in the Allen publication of
the level of skill of those versed in the art of colorimetry,
Celio’s estimates (declaration, paragraph 18) of how long it
would take to perform the actual calculations necessary to
derive a suitable transformation matrix, even if overly
optimistic, give us reason
to believe that the mathematics involved would not have
required an unreasonable amount of time and effort on the part
of an ordinarily skilled artisan in order to derive the
required matrix transformation. The examiner’s concerns3
(e.g., answer, page 10) regarding the integration of the
necessary hardware and software to implement the claimed
invention are essentially a rehash of the examiner’s position
as set forth in the answer in the prior appeal, which was
addressed by the panel in the prior decision on page 6
3This view is consistent with the view expressed by the
panel in the prior decision on page 10 that their concerns
were not focused on the mathematics involved but rather on the
underlying physical relationship between colorimetric and
densitometric data.
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