Appeal No. 2002-2053
Application No. 09/329,135 Page 5
particular color combination is problematic for a particular text
object and background, 2) selects an alternate color combination
based on the current color combination, and 3) applies the
selected color combination to the particular text object and
background.” It is argued that instead, Mastering Windows
describes a settings page that informs a user as to a current
color combination and a series of alternate combinations, with
which a user can change a current color combination to an
alternate combination. It is further argued (id.) that Mastering
Windows does not anticipate the claims of Group I because the
reference simply does not describe, in any way, “1) problem
colors, 2) how problem colors are determined, and 3) how
alternate color combinations can be selected based upon the
current/problem combination.”
Before addressing the examiner's rejections based upon prior
art, it is an essential prerequisite that the claimed subject
matter be fully understood. Analysis of whether a claim is
patentable over the prior art begins with a determination of the
scope of the claim. The properly interpreted claim must then be
compared with the prior art. Claim interpretation must begin
with the language of the claim itself. See Smithkline
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