Appeal No. 1998-2699
Application 08/387,504
Examiner's presumption that such modification of
Nye is well within the ambit of those having ordinary skill in
this art is not believed to be well-founded."
On pages 3, 4 and 5 of the Examiner's Answer, the
Examiner has diligently responded to the various arguments
raised by the Appellants, however, we find that these
responses are based largely on mere speculation on the part of
the Examiner. For example, the Examiner responds, answer at
page 4, that "[t]he approach to color consistency that the
applicant has taken is 'strait [sic, straight] forward' as
described in the claim rejections. X Window programs can
involve millions of lines of code, and often deal with
problems much more complicated than the one described here.
Such an approach, would be understood by those skilled in the
art based upon the capabilities the X Window development
library, the complexity of other types of heterogeneous
compatibility problems the X programmer successfully deals
with, and the desire for color consistency." The Examiner
further contends, id., that "[n]aturally, a programmer would
not transmit a (non-sharable) color initialization request to
a display that was known not to support it. Of course the
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