Appeal No. 1998-2679
Application No. 08/148,765
Cir. 1997) and RCA Corp. v. Applied Digital Data Sys., Inc.,
730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
In our opinion, there is a fundamental difference between
the understandings of Appellants and the Examiner regarding
the expressing of color characteristics of an image in terms
of primary color coordinates, or in terms of the other
colorimetric space variables. To illustrate the point we
consider the broadest claim, 9, in our discussion. We focus
on the limitation "transforming all the color-image signals
corresponding to the first set of color primaries to form
intermediary color-image signals corresponding to a third set
of color primaries." The Examiner asserts, answer at page 3,
that "transforming the color image signals corresponding to
the first set of color primaries to form intermediary color-
image signals corresponding to a third set of color primaries"
is shown by Newman at column 5, lines 41-65. Appellants
argue, brief at page 11, that "Newman transforms [the color
image signals] to a non-primary space in which additional
transforms are performed." More specifically, Appellants
argue, reply brief at page 3, that "[i]n column 5, lines 37-
39[,] Newman also notes that transformation from RGB space
9
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