Appeal No. 1998-0668
Application 08/036,650
Claims 20-36 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Phillips and the APA.
We refer to the Final Rejection (Paper No. 18) (pages
referred to as "FR__") and the Examiner's Answer (Paper
No. 24) (pages referred to as "EA__") for a statement of the
Examiner's position and to the Appeal Brief (Paper No. 23)
(pages referred to as "Br__") for a statement of Appellant's
arguments thereagainst.
OPINION
Anticipation
"Anticipation is established only when a single prior
art reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention."
RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d
1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
Hermann corresponds to EP-A-0 446 168 discussed in the
specification (para. bridging pp. 6-7). Hermann discloses a
process for computing dyeing and printing recipes for color
matching to a reference color printed on a substrate. The
substrate may be a textile (col. 5, lines 54-68). The
process utilizes a three-dimensional color space, FTa*b*,
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