Appeal No. 1998-2683
Application 08/579,386
produce different results at points where the background color
changes from a color background to a white background. In the
claimed invention, a black pixel over the color background
would be printed in process black while the black pixel over
the adjacent white background would be printed in color black.
In Vaughn both of these pixels would be printed in process
black because a color black pixel in Vaughn will not be
printed next to a neighboring background color. Thus, the
specific test recited in the claimed invention produces a
different result from the test taught by Vaughn.
Vaughn also does not suggest the specific test of the
claimed invention within the meaning of 35 U.S.C. § 103
because the test in Vaughn actually teaches away from the
claimed invention. That is, since the claimed invention
results in some black pixels being printed in color black
which Vaughn teaches should not be printed in color black,
Vaughn would not have suggested a test producing the results
of the claimed invention. Therefore, we do not sustain the
rejection of claims 1-7, 32 and 33 based on the admitted prior
art and Vaughn.
With respect to the rejection of claims 8-19, the
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