Appeal No. 2002-2053
Application No. 09/329,135 Page 8
We find that the claimed steps “determining if a current
color combination for at least one text object and a background
object is a problem color; selecting one of a plurality of color
combinations for at least one text object and a background object
based on the current color combination, if the current color
combination is a problem color; and applying the selected color
combination to the at least one text object and the background
object” as broadly recited, do not set forth a mechanism for
carrying out the steps, as asserted by appellants. In addition,
we note that the steps are not presented in a format of "step
plus function" that would invoke the sixth paragraph of 35 U.S.C.
§ 112. Instead, as drafted, the steps as broad enough to be
carried out by a user utilizing the Mastering Windows reference,
as set forth by the examiner (answer, page 5, para. 2 through the
end of page 6).
From our review of Mastering Windows, we find that the step
of "determining if a current color combination for at least one
text object and a background object is a problem color" is met by
the disclosure of Mastering Windows (page 154) that "[i]f you
don't like the color schemes supplied, you can make up your own,"
see also "[i]f you don't like the colors that are available, you
can create your own." (page 155) Although these passages do not
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