Ex parte MADDEN et al. - Page 10




          Appeal No. 1998-2679                                                        
          Application No. 08/148,765                                                  
          into u'v'L* space is a transformation to a different                        
          'reference' color space and in fact a space that is called                  
          a 'perceptually based color space.'  This is a transform from               
          a set of color primaries (RGB) to a set of color parameters in              
          (u'v'L*) which are not color primaries."  The Examiner                      
          counters,  supplemental answer at page 2, that "the formulas                
          [regarding the  color primaries] that Appellant (sic) has                   
          given on page 12 of the specification appear to be color                    
          parameters, in the same since (sic, sense) as Newman's, and                 
          are not color primaries as defined in the fields of color                   
          science."  Appellants, in supplemental reply brief at page 3                
          and Figure A attached to the supplemental reply brief, show                 
          how the primary colors (RGB) can be expressed in terms of                   
          color parameters u'v', as is also explained in the                          
          specification at page 12, which the Examiner has referred to                
          in his arguments.                                                           
               We do not agree with the Examiner's inference that since               
          the specification shows the expressing of "primaries" in terms              
          of color parameters u'v', Newman's system operates using the                
          same CIE standard and operates in a color space based on u'v'.              
          See page 2 of the supplemental examiner's answer.  We find                  
          that the Examiner's analysis is misplaced because the                       
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