Appeal No. 2005-0319
Application No. 09/946,874
obvious over Berlin in view of Stokes. Throughout the opinion we make reference to
the briefs and the answer for the respective details thereof.
Opinion
We have carefully considered the subject matter on appeal, the rejections
advanced by the examiner and the evidence of anticipation and obviousness relied
upon by the examiner as support for the rejections. We have, likewise, reviewed
and taken into consideration, in reaching our decision, the appellant’s arguments set
forth in the briefs along with the examiner’s rationale in support of the rejections and
arguments in rebuttal set forth in the examiner’s answer.
With full consideration being given to the subject matter on appeal, the
examiner’s rejections and the arguments of appellant and examiner, for the reasons
stated infra we will not sustain the examiner’s rejections of claims 1 through 9, 14
through 23, 28 through 37 and 42 under 35 U.S.C. § 102 or the examiner’s rejection
of claims 10 through 13, 24 through 27 and 38 through 41 under 35 U.S.C. § 103.
We first consider the rejection of claims 1 through 7, 15 through 21 and 29
through 35 under 35 U.S.C. § 102. Appellant argues on page 8 of the brief:
With respect to the specific rejections of the Office Action, the cited
portions fail to describe the invention as claimed. Berlin does describe a color
cube. However, the Office Action relies on col. 10, lines 46-50 and col. 7,
lines 20-34 to teach the claimed element of mapping a list of two or more
color indices to a second color cube entry. Nowhere in theses cited portions
is there any reference or description of multiple indices being mapped to a
single color cube entry (as claimed). In fact, col. 10 describes the exact
opposite in filling in only one of a series of slots (see col. lines 10, 53-55
where every eighth slot is filled in) instead of two or more entries in each slot.
Col. 7, lines 20-34 further describes a cube where every eighth slot is filled in
for each color component. Such a teaching clearly teaches away from
mapping two or more color indices to a single entry as claimed.
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