Appeal No. 1997-4093
Application No. 08/115,209
et al. and Fursich et al. as patents which teach acceptable
ways of forming color density difference curves,” and that
“[t]he process for generating the standard curves involves the
use of the Fursich et al. apparatus in combination with a test
film having three gray fields of known density as described in
the first two full paragraphs on page 8 of the specification.”
Appellants have likewise acknowledged (Brief, page 12) that
“[i]ndeed, even if the formation of color density difference
curves was not described in the prior art, a person of
ordinary skill in the photographic arts would surely have been
able to measure red, green and blue densities of a film and
then chart density difference curves (blue minus green and red
minus green versus average density).”
Appellants argue (Brief, page 16) that “[t]he prior art
does not teach the formation of standard color density
difference curves, i.e. color density difference curves
specific to film type,” and that “obviousness under 35 U.S.C.
§ 103 requires a showing that the prior art provides some
suggestion or motivation to combine the known steps."
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