Appeal No. 2002-1427
Application No. 08/667,459
The prior art references of record relied upon by the
Examiner in rejecting the appealed claims are:
Griesshaber et al. (Griesshaber) 4,414,573 Nov. 8, 1983
Parulski et al. (Parulski) 5,189,511 Feb. 23, 1993
Claims 1, 2, 6 and 8 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Parulski and Griesshaber.
We make reference to the answer (Paper No. 17, mailed June
23, 2000) for the Examiner’s complete reasoning in support of the
rejection, and to the brief (Paper No. 16, filed March 7, 2000)
and the reply brief (Paper No. 18, filed August 28, 2000) for
Appellant’s arguments thereagainst.
OPINION
The Examiner relies on Parulski for teaching a level
detecting means and a color matching means and indicates that the
reference fails to disclose color matching to a reference camera
(answer, page 4). The Examiner, however, reasons that
Griesshaber’s use of a plurality of cameras indicates that:
The teaching of the reference camera is the first camera to
obtain the variety of modes, and the video camera is the
same camera used at a different time in which the values are
produced according to the reference values previously
obtained.
(Id.).
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