Ex parte HERMANN - Page 10




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

               Appellant argues that "Herman does not teach printing                  
          the original under the same printing conditions                             
          corresponding to [the] color field corresponding to the                     
          color impression" (Br5).                                                    
               Of course, Appellant means to refer to printing an                     
          image of the original, not the original itself.  Hermann                    
          discloses that "colour atlases are naturally only valid for                 
          as long as the basic dyes, the methods of application and                   
          and [sic] the substrates do not change" (col. 1,                            
          lines 39-41).  This would have informed one of ordinary                     
          skill in the art, if such was not already well known, that                  
          the printing should be done under the same conditions                       
          (methods of application) as the color atlas in order to get                 
          the true colors shown in the color atlas.                                   
               For the reasons stated above, the Examiner's finding of                
          anticipation is in error.  The rejection of claim 20 is                     
          reversed.                                                                   


          Obviousness                                                                 
               Hermann                                                                



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