Ex parte GREEN et al. - Page 4




          Appeal No. 96-3945                                                          
          Application 08/095,016                                                      


          claims 1 and 21 on appeal.  Essentially, the claimed auxiliary              
          print making device is shown in Figure 2 of Ambro.  It should               
          be noted that the receiving sheet 24 in this figure appears to              
          be discussed in the paragraph bridging columns 4 and 5 of                   
          Ambro where it is taught to be a reflective substrate of                    
          either paper or plastic.  The abstract of Ambro embellishes in              
          a simpler manner the critical features recited in these two                 
          claims on appeal.                                                           
               In light of these findings, we do not agree with                       
          appellants' assertion that Ambro does not disclose the                      
          combination of an imaging device and an auxiliary print making              
          processor.  Ambro's color proofing method clearly would have                
          taught to the artisan the claimed simulation of a photographic              
          print to the extent recited in independent claims 1 and 21 on               
          appeal.  Thus, it appears as well that the examiner has                     
          provided evidence of equivalent structure to that which has                 
          been set forth in these claims on appeal.  Finally, we note                 
          that appellants' arguments as to claim 21 are misplaced since               
          Ambro alone is utilized to reject this claim and Kinoshita's                
          teachings have not been relied upon by the examiner.                        


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