Appeal No. 1998-0668
Application 08/036,650
printing parameters" (col. 3, lines 29-32). Therefore,
Phillips teaches that the substrate for the color atlas and
the image should be the same. In addition, Phillips
discloses that the "appearance of colour printwork varies
appreciably with the quality of the surface on which the
colors are printed" (col. 5, lines 64-66), which we consider
to have been a well-known fact to those of ordinary skill in
the printing art. One of ordinary skill in the art would
have known to use a color atlas printed on a substrate
identical to the actual printing surface in order to provide
a final color appearance which identically matches the color
in the color atlas.
Appellant argues that Phillips does not disclose a
process in which a multicolored image is transferred or
reproduced on a textile substrate and that the "printed
areas" in claim 1 of Phillips, which is relied on by the
Examiner, refers to individual fields of the color atlas,
not a multicolored original image (Br6-7).
The Examiner points to claim 1 without addressing
Appellant's argument (EA13). Nevertheless, it is clear from
the description of the graphic artist building up a color
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