Ex parte DEWEY - Page 12




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


          Brovman and Kishner teach distinguishing a black ink reference              
          indicator from process black for the purpose of                             
          misregistration, the two references only teach distinguishing               
          marks made by each of the printing stations separately and not              
          as a process black mark.  Therefore, we do not sustain the                  
          rejection of claims 5-8.                                                    
          Independent claim 9 recites the examination of a                            
          process black registration mark and making color evaluations                
          of this process black registration mark.  Although the                      
          examiner is of the view that the applied prior art performs                 
          these steps, we do not agree.  As noted above, the applied                  
          prior art teaches the color evaluation of separately located                
          color registration marks with respect to a printer black                    
          registration mark.  There is no suggestion that the                         
          misregistration should be evaluated based on a process black                
          registration mark as claimed.  Therefore, we do not sustain                 
          the rejection of claims 9-15.                                               
          Independent claim 16 essentially contains all the                           
          features of claim 9 with the additional recitation of printing              
          and examining a black ink registration mark along with the                  
          process black registration mark.  Therefore, we do not sustain              
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