Appeal No. 2003-2103 Page 8
Application No. 09/826,256
storing correction values derived from the previously picked-up image signal and
arithmetic unit (adder and multiplier) for computing signal levels of the corrected image
signal from signal levels of the later picked-up image signal and at least some of the
correction values. As to the issue of whether Bruijns’ apparatus is capable of taking
into consideration delayed charges during correction so as to meet the intended use
language of claim 1,3 the examiner was justified in concluding that the application of the
offset correction term from a previously picked-up image which does not deviate
excessively from the instantaneous image, as disclosed by Bruijns in column 7, lines
42-52, would inherently correct for delayed charges, at least to some degree,4 since the
differences between the dark parts would be indistinguishable from delayed charges so
as to shift the burden to appellants to show that Bruijns’ apparatus is not inherently so
capable. Id., 128 F.3d at 1478, 44 USPQ2d at 1432. Appellants have not come forth
with any such evidence and, in fact, as mentioned above, have not even challenged the
examiner’s conclusion.
In light of the above, appellants’ brief has failed to persuade us that the examiner
committed error in concluding that the subject matter of appellants’ claim 1 is
3 It is well se ttled that the r ecitation o f an intend ed use for an old p roduct d oes no t make a claim
to that old p roduct p atentable . In re Schreiber, 128 F.3d 1473, 1477, 44 U SPQ2 d 1429, 1431 (Fed. Cir.
1997).
4 We note that claim 1 does not specify the manner or extent to which delayed charges are taken
into consideration.
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