Ex Parte NABESHIMA - Page 9




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


          teaching the claimed invention except for controlling the amount            
          of light according to an operational slew rate of the transducer            
          unit.  The examiner cites Pelton as teaching that the slew rate             
          of a transducer is compromised by the amount of light being used            
          during image scanning.  The examiner finds that it would have               
          been obvious to the artisan to modify the light controlling                 
          method of Arimoto to control the slew rate of the transducer as             
          taught by Pelton [answer, pages 9-10].                                      
          Appellant argues that there is nothing in Pelton that                       
          suggests adjusting illumination based on transducer performance             
          characteristics.  Appellant notes that the slew capacitor of                
          Pelton simply filters out signals with too high of a slew rate.             
          Thus, appellant argues that there is no suggestion in either                
          reference of controlling an amount of light according to an                 
          operational slew rate of the transducer unit [brief, pages                  
          19-20].                                                                     
          The examiner responds by restating the findings of the                      
          rejection that Pelton teaches the idea that the slew rate of a              
          transducer unit is compromised [answer, pages 13-14].                       
          We will not sustain the examiner’s rejection of claims 20                   
          and 24, which are grouped together, for essentially the reasons             
          argued by appellant in the brief.  We agree with appellant that             

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