Appeal No. 2005-0435
Application No. 09/359,523
ordinary skill in the art to select the references and combine
them in the way that would produce the claimed invention. See
also In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed.
Cir. 1988). Such evidence is required in order to establish a
prima facie case. In re Piasecki, 745 F.2d 1468, 1471-72, 223
USPQ 785, 787-88 (Fed. Cir. 1984).
Upon a review of the applied prior art references, we
disagree with the Examiner that the claimed “modifying the values
in the look-up table based on the computed white color balance
and the values” is disclosed or suggested by the combination of
Tamura and Takakura. What a reference teaches is a question of
fact. In re Baird, 16 F.3d 380, 382, 29 USPQ2d 1550, 1552 (Fed.
Cir. 1994) (citing In re Beattie, 974 F.2d 1309, 1311, 24 USPQ2d
1040, 1041 (Fed. Cir. 1992)). Here, the Examiner ignores the
claim requirement that the values in the look-up table are to be
modified based on the computed white color balance and the values
instead of merely changing the address used to address the memory
table for obtaining a new correction value. However, as pointed
out by Appellants (reply brief, pages 2 & 3) and based on the
teachings of Takakura (col. 9, lines 40-50), the closest the
combination comes to suggesting any correction to the values
stored in the look-up tables of the gain control circuits of
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