Appeal No. 96-2281
Application No. 08/061,225
(Fed. Cir. 1984). These showings by the examiner are an
essential part of complying with the burden of presenting a
prima facie case of obviousness. Note In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
The examiner, in his rejection of claim 1, declares
(Final Rejection, page 2) that "Asada discloses a color
balance control which changes the masking coefficients
according to the gradation curve," but does not point to any
particular portion of Asada for support. For claim 5, the
examiner states (Final Rejection, page 5) that "Asada does not
discloses [sic] . . . selecting the masking coefficients."
How Asada can disclose changing the masking coefficients for
claim 1 without selecting what coefficients are to be used for
claim 5 is unclear to us. For claims 7 and 9, the examiner
merely asserts that Asada discloses
a memory which stores masking coefficients, but fails to
address whether the masking processor determines the
coefficients "according to the gradation curve." For claim 8
the examiner contends that Asada "discloses setting a color
masking coefficient according to the gradation characteristic
5
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