Ex parte MADDEN et al. - Page 1




                    The opinion in support of the decision being entered today was not written for                                                      
                                      publication and is not binding precedent of the Board.                                                            
                                                                                                                    Paper No. 23                        
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                    Ex parte THOMAS E. MADDEN, BRIAN E. MITTELSTAEDT, W. HENRIETTA                                                                      
                                                     and EDWARD J. GIORGIANNI                                                                           
                                                                 ____________                                                                           
                                                          Appeal No. 1998-2679                                                                          
                                                   Application No. 08/148,765                                                                           
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before HECKER, LALL and BARRY, Administrative Patent Judges.                                                                           
                 LALL, Administrative Patent Judge.                                                                                                     


                                                           DECISION ON APPEAL                                                                           
                          This is decision on appeal under 35 U.S.C. § 134 from the                                                                     
                 final rejection  of claims 1-3 and 5-10.  Claim 4 has been1                                                                                                           
                 canceled.                                                                                                                              
                          The invention relates to the art of color processing and                                                                      
                 particularly to the art of transforming color images to                                                                                

                          1An amendment after the final rejection was filed as                                                                          
                 Paper No. 9 and its entry approved by the Examiner, Paper No.                                                                          
                 10.  As a result, the rejections based under U.S.C. § 112,                                                                             
                 first paragraph, has been withdrawn by the Examiner leaving                                                                            
                 behind only the rejection under 35 U.S.C. § 102.                                                                                       






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