Ex Parte Brandenberger et al - Page 12

                Appeal 2007-1652                                                                                
                Application 09/776,058                                                                          
                                                                                                               
                change a principle of operation of Kim since, among other things, Anderson                      
                uses digital data to determine hue, but Kim determines hue via the phase                        
                difference between analog signals (Br. 8-9; Reply Br. 6-7).                                     
                       Appellants also argue that Kim does not teach selecting a first and                      
                second filter as claimed, but rather teaches a single selection of a desired                    
                color (Br. 9; Reply Br. 8).  The Examiner argues that Kim’s color selection                     
                key 222 allows the user to select first and second filters simultaneously by                    
                selecting a desired color represented in the color vector scope.  According to                  
                the Examiner, each color stored in memory represents the original image                         
                data with the combined filtering effect of (1) a “first filter” with a B-Y color                
                filtering effect, and (2) a “second filter” with an R-Y color filtering effect                  
                (Answer 15).                                                                                    
                       We will sustain the Examiner’s rejection of representative claim 15                      
                essentially for the reasons stated by the Examiner.  First, we find ample                       
                motivation on this record for the skilled artisan to combine Kim and                            
                Anderson for the reasons previously discussed.7                                                 
                       Second, we agree with the Examiner that each color difference signal                     
                (i.e., B-Y and R-Y) in Kim reasonably constitutes a “filter” giving the term                    
                its broadest reasonable interpretation.  These respective color difference                      
                signals essentially dictate the stored colors.                                                  
                       As shown in Figure 3, each stored color is represented in terms of                       
                these color difference signals.  That is, each color essentially is the result of               
                combined effect of both color difference signals.  Therefore, selecting a                       
                desired color would, in effect, entail “selecting” both color difference signals                
                and simultaneously combining their effects to obtain the desired color.                         
                                                                                                               
                7 See p. 9-11, supra, of this opinion.                                                          
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