Ex parte DEWEY - Page 11

          Appeal No. 1998-0488                                                        
          Application No. 08/496,234                                                  

          remote suggestion within any of the applied references for                  
          forming a process black registration mark in such a specific                
          location.  Although the examiner concludes that "it would have              
          been obvious to one having ordinary skill in the art at the                 
          time the invention was made to select and evaluate any desired              
          mark relative to any other mark in Brunner for register                     
          evaluation and correction, including those which are                        
          conventionally formed by printer black or process black"                    
          [answer, page 14], there is no evidence on this record that a               
          process black registration mark should be formed and examined               
          in the manner recited in claim 1.  Therefore, we do not                     
          sustain the rejection of claims 1-4.                                        
          With respect to independent claim 5, we find teachings                      
          in the applied prior art that three separate color printing                 
          stations can cooperate to produce process black and that                    
          misregistration of the printing stations can be determined by               
          individually comparing each color printed with a corresponding              
          printer black mark, however, we find no teaching of the                     
          printing stations having registration images positioned                     
          thereon that will produce a process black registration mark as              
          recited in claim 5.  Although the examiner asserts that                     

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