Ex parte HERMANN - Page 15




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

          provided in the kit and then in the normal way by use of                    
          scissors and glue builds up the initial color layout."                      
          (Col. 6, lines 8-12.)  That is, the original is divided into                
          image areas, as recited in step (b) of claims 20 and 21, as                 
          it is being built up.  Note that the graphic artist may be                  
          building up the color layout using an original as a guide or                
          the built-up layout itself may be the original.  Because the                
          artist builds up the color layout from tints, plural, this                  
          is a multicolored image.  The artist determines a color                     
          impression for each image area, as recited in step (c) of                   
          claims 20 and 21, by using the appropriate tint.                            
               Phillips then states (col. 6, lines 16-20):  "After the                
          initial art layout has been approved it is then handed to                   
          the colour printer with an identification of each of the                    
          colour tint zones derived from the reference numbers printed                
          below the individual squares on the charts."  This                          
          corresponds to step (d) of claims 20 and 21.  Steps (e) and                 
          (f) of claims 20 and 21 are done inherently as part of the                  
          printing process.  Remember that Phillips discloses that                    
          "the final colour printing is performed on the same selected                
          surfaces as specified in the kit and using exactly the same                 

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