Ex Parte NABESHIMA - Page 8




          Appeal No. 2002-1301                                                        
          Application No. 09/233,983                                                  


          to a frequency characteristic of the transducer.  Thus, appellant           
          argues that there is no suggestion in either reference of an                
          accumulation time control means for controlling a time for                  
          accumulating an amount of light at the change unit according to a           
          saturation characteristic and a frequency characteristic of the             
          transducer unit [brief, pages 16-18].                                       
          The examiner responds by restating the findings of the                      
          rejection that Ishida teaches the idea of basing a light control            
          on the frequency characteristics of the transducer [answer, pages           
          11-13].                                                                     
          We will not sustain the examiner’s rejection of claims 8-                   
          14 and 23, which form the second group of claims, for essentially           
          the reasons argued by appellant in the brief.  We agree with                
          appellant that Ishida provides no teaching or suggestion that the           
          frequency characteristics of a transducer should be used in                 
          controlling an illumination means for directing light toward an             
          original document for reasons discussed above.                              
          We now consider the rejection of claims 20, 21 and 24                       
          based on the teachings of Arimoto and Pelton.  These claims stand           
          or fall together in two different groups which are respectively             
          headed by independent claims 20 and 21 [brief, page 6].  With               
          respect to independent claim 20, the examiner cites Arimoto as              

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