Appeal No. 1999-0533
Application 08/614,775
reasonable. The specification makes it reasonably clear that
a digital image refers to images which have been digitized
such as by a scanner and which are reproduced on a display
system. The whole point of the disclosed invention is that
the control mechanism and the graphic readout are to be
superimposed on this digital image as shown in Figures 4-6 of
the application. The examiner’s attempt to read the claimed
digital image on either the display of the color modification
tool 34 or on the entire display area 31 is simply an attempt
to ignore the steps of superimposing which appellants have
tried to emphasize. The examiner’s interpretation of
independent claims 1 and 10 is unreasonable.
Since the examiner’s interpretation of independent
claims 1 and 10 and the findings with respect to the admitted
prior art
are fundamentally flawed, the examiner has failed to establish
a prima facie case of obviousness. Therefore, we do not need
to consider appellants’ other arguments. For these reasons,
we do not sustain the examiner’s rejection of the appealed
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