Ex parte HERMANN - Page 11




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

               Appellant argues that Hermann is a color matching                      
          system, not a process for transferring or reproducing                       
          multicolored images on textile substrates.  In particular,                  
          Appellant argues that step (f), "producing a copy of the                    
          multicolored image of the original by printing the area of                  
          the textile substrate corresponding to each image area of                   
          the original," is not suggested by Hermann (Br8).                           
               The Examiner refers generally to columns 2 and 5 (FR6;                 
          EA6-7).  However, we do not find any teaching of the                        
          printing process at these columns.  Hermann is not directed                 
          to the printing process itself, but only to matching colors                 
          for use in color atlases and in printing.                                   
               Appellant argues that Hermann does not disclose or                     
          suggest the "same" printing conditions for the color atlas                  
          and the textile substrate onto which the image will be                      
          copied, which limitations are recited in step (f) of claims                 
          20 and 21 (Br8).                                                            
               The Examiner states (EA12):  "This argument has not                    
          been considered, since [the] feature is not being claimed.                  
          It appear[s] that the printing original has the same                        
          printing conditions as the test substrate in step (a)."                     

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