Ex parte NUMATA - Page 7




          Appeal No. 1997-4047                                       Page 7           
          Application No. 08/309,508                                                  


               be overturned.  In re Fine, 837 F.2d 1071, 1074, 5                     
               USPQ2d 1596, 1598 (Fed. Cir. 1988).                                    
          With these in mind, we analyze the appellant’s arguments.                   


               Regarding claim 1, the appellant argues, “an artisan                   
          would not have combined, without the benefit of hindsight                   
          gleaned from Appellant's invention, the complex compensation                
          procedure of Walowit, which considers a gamut mismatch between              
          input and output color signals, with the Article's device,                  
          which has the inefficient compensating procedure but not the                
          gamut mismatch.”  (Appeal Br. at 7.)  He adds, “the McColl                  
          device does not experience the type of gamut mismatch between               
          input and output colors that the Walowit device experiences to              
          require the type of gamut mismatch processing that is                       
          performed in the Walowit device.”  (Reply Br. at 2.)  The                   
          examiner replies, “It would have been obvious ... to add the                
          ‘means for compensating at least one of said converted color                
          signals’ of Walowit to the ‘apparatus for converting color                  
          signals’ of Colour Image Data for the desirable purpose of                  
          reducing conversion errors.”  (Examiner’s Answer at 6.)  He                 
          adds, “It is not clear how one color value being outside one                








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