Appeal No. 2003-1063
Application No. 09/100,487
printing characteristics of a second printer” is incorrect. As
indicated by the examiner’s argument, Ebner obtains grayscale
printing characteristics that are between those of first and
second systems, rather than modifying the grayscale commands of
the first system to emulate or effect the grayscale printing
characteristics of the second system as required by the
appellants’ claims.
We therefore find that the examiner has not carried the
burden of establishing a prima facie case of anticipation of the
appellants’ claimed invention.
DECISION
The rejection of claims 1, 2, 10, 11, 28, 29, 35 and 41
under 35 U.S.C. § 102(e) over Ebner is reversed.
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