Ex parte HERMANN - Page 12




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

               Part of step (f) requires "printing the area of the                    
          textile substrate corresponding to each image area of the                   
          original . . . under printing conditions that are the same                  
          as the specified printing conditions of step (a) [printing a                
          color atlas]."  The step does not require the original to be                
          printed under the same conditions as the color atlas, as                    
          asserted by the Examiner; this would not make any sense                     
          inasmuch as the original may be printed on any medium.                      
          Nevertheless, 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), which would have taught one                  
          of ordinary skill that the substrate and method of                          
          application should be the same for the color atlas and the                  
          image to be reproduced.                                                     
               Appellant argues that Hermann teaches away from the use                
          of color atlases.                                                           
               We disagree with Appellant for the reasons stated with                 
          respect to the anticipation rejection of claim 20.                          
               Because Hermann does not disclose the printing process,                
          in particular, steps (b) through (e) and part of step (f),                  

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