Ex parte HERMANN - Page 6




          Appeal No. 1998-0668                                                        
          Application 08/036,650                                                      

               For the sake of argument, we assume that the dye in                    
          Hermann could be called an ink because Hermann discusses a                  
          printing recipe.                                                            
               Appellant argues that Hermann does not relate to a                     
          process for transferring a multicolored image onto a textile                
          substrate and that Hermann is strictly limited to a method                  
          for producing a single dye color (Br4).                                     
               The statement of the rejection does not state where                    
          Hermann discloses printing a multicolored image.  The                       
          Examiner's response to Appellant's argument alleges (EA10):                 
          "Hermann teaches printing multicolored images on a substrate                
          by mixing different dyes (columns 3 and 4)."                                
               Hermann teaches mixing dyes to produce a certain color                 
          at columns 3 and 4, but we do not find where Hermann                        
          expressly discloses printing multicolored images.  At                       
          column 6, Hermann discloses digitizing a reference shade                    
          (singular) and correcting the reference shade.  It may have                 
          been understood by one of ordinary skill in the art that the                
          colors in Hermann were for use in a multicolored printing                   
          process, but Hermann does not disclose anything about the                   
          actual printing process.  While it may have been trivially                  

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