Ex parte NEFF - Page 6




          Appeal No. 96-3851                                                          
          Application No. 08/341,849                                                  


               Deutsch deals with a method for forming an analytic model              
          of an image, and has nothing to do with inkjet printing a                   
          color                                                                       


          image.  Sugiura is concerned with determining a recording area              
          factor for each color, including black, and does not teach why              
          one of ordinary skill in the art would want to print both                   
          black and color at the same pixel in a device such as                       
          Vaughn's.  In fact, Sugiura states (column 13, lines 52-53)                 
          that "[b]lack ink k must be printed so as not to overlap inks               
          of other colors in low density images."  Also, Vaughn shows                 
          black separate from all colors in each figure depicting area                
          factors of color and black inks (see Figures 21, 29, 31, and                
          35).  Accordingly, neither Deutsch nor Sugiura overcomes the                
          deficiencies of Vaughn.  Therefore, we cannot sustain the                   
          obviousness rejection of claim 4 and its dependents, claims 17              
          through 29.  Further, since claim 32 includes the same                      
          limitation of being capable of printing both black and color                
          ink at the same pixel, we also will reverse the obviousness                 
          rejection of claim 32 and its dependents, claims 33 through                 
          40.                                                                         
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