Ex parte GIORGIANNI et al. - Page 5




          Appeal No. 96-3087                                                          
          Application 08/059,060                                                      


               With respect to independent claim 41, the examiner                     
          basically takes the position that Carlucci shows every thing                
          claimed therein except the intermediary color values.  The                  
          examiner contends that Rolleston shows the intermediary color               
          values in figure 1 as "colorimetric digital data" in an                     
          analogous art for the purpose of device independent color                   
          correction.  The examiner concludes that it would have been                 
          obvious, to one of ordinary skill in the art at the time of                 
          the invention, to apply Rolleston's intermediary color values               
          to Carlucci's color correction because of Rolleston's taught                
          advantages of                                                               





          intermediary color values for device independent color                      
          correction [answer, pages 3 through 5].                                     
               The appellants argue that figure 4 of Carlucci, which the              
          examiner primarily relies on, shows the image correction based              
          only on the conditions of the scanner, and it cannot account                
          for changes in color appearance caused by changes in the                    
          actual input viewing environment [brief, page 9].  The test                 
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