Ex Parte MORRIS - Page 7




             Appeal No. 2001-1874                                                                                     
             Application No. 09/072,758                                                                               

             The photodiode 12 in the embodiment of Figure 2 operates in “the photon-flux-                            
             integrating mode.”  Col. 6, ll. 10-33.  The disclosure at the bottom of column 12,                       
             teaching that the sensor “may provide continuous instantaneous measurement of the                        
             received radiation,” appears to refer to possible alternatives to the embodiments of                     
             Figures 1 through 4, in view of the description preceding the teaching.                                  
                    In relation to the above-noted disclosure of “continuous instantaneous                            
             measurement,” we also agree with appellant that the claimed continuous time                              
             processing circuit “to receive and process the photocurrent” from the light sensitive                    
             element has not been shown in Brajovic.  The rejection relies, in part, on the                           
             reference’s disclosure at column 8, lines 7 through 18 that “[t]he generated data stream                 
             may be at least one analog waveform.”  The waveform is generated by global processor                     
             40 (Fig. 6).  The section thus describes a generated output, rather than processing of                   
             photocurrent from a light sensitive element.                                                             
                    Figure 5 of Brajovic, on the other hand, appears to shows an analog waveform,                     
             which is an input signal to memory 70 (Fig. 2), but not generated by the photosensitive                  
             element.  As described in columns 6 and 7 of the reference, when the voltage of the                      
             photodiode 12 approaches the threshold of inverter 10, the inverter’s output changes                     
             from low to high.  Any “continuous time” receiving and processing of photocurrent                        
             appears to be related to the integration of the photocurrent; i.e., the “Sensor Signal”                  
             shown in Figure 5.  Instant claim 1, however, requires a separate “integration circuit”                  


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