Appeal No. 2002-1158
Application No. 09/052,867
blue are subtracted from the color signals (col. 3, lines 10-18).
The result is a color signal which has a component of negative
sensitivity and is closer to an ideal color signal (Col. 3, lines
18-21). Tabei further describes the spectral sensitivity of the
filters as 400-540 nm for the blue filter, 460-640 nm for the
green filter and 460-700 nm for the third color (col. 10, lines
51-59). Furthermore, Tabei discloses that the green component of
the third signal “Or” will be subtracted in order to form a new
or optimum red color signal (Col. 11, lines 13-26)). Therefore,
as pointed out by Appellants, instead of the claimed “a light
selective element sensitive to light having a wavelength
corresponding to orange”, Tabei initially provides for a wider
wavelength spectrum for the third signal which is later processed
to obtain an optimum red signal. In other words, Tabei does not
use the color orange as one of the colors to which the light
sensitive elements are sensitive.
As argued by Appellants, the third color disclosed by Tabei
covers a wide range of wavelengths having a peak value of 580 nm
which, even using the diagram of Benson, actually positions the
peak closer to yellow. Thus, the Or signal of Tabei does not
represent the color orange and therefore, Tabei cannot anticipate
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