Appeal No. 2003-0288
Application No. 09/107,920
that is combined with the first plane, and a third plane of the
image that is combined with the first and second planes as
claimed. Maruyama’s teachings of inserting picture data into an
insertion pattern or template (column 23, line 46 through column
24, line 50) are equally inapplicable to the claimed steps of
applying the template to the image to automatically render first,
second and third planes of the image. Thus, the 35 U.S.C.
§ 103(a) rejection of independent claims 1 and 18, and dependent
claims 3, 4 and 23 through 28 is reversed.
The 35 U.S.C. § 103(a) rejection of independent claim 8 and
dependent claims 10 and 11 is reversed because the printer with
template software teachings of Edmunds (column 9, line 65 through
column 10, line 5) do not cure the noted shortcomings in the
teachings of Cyman and Maruyama.
The 35 U.S.C. § 103(a) rejection of independent claim 15 is
reversed because even if the tagged foreground color area and the
tagged background color area in Matsuo (Figure 16; column 14,
lines 37 through 55) are treated as two planes, the combined
teachings of the references would still lack the claimed third
image plane.
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