Ex Parte Park - Page 13

             Appeal No. 2006-1020                                                           
             Application No. 09/899,066                                                     

             swapping a crystal LPF with one of different properties for                    
             the proposition that Mizoguchi fails to teach inserting an                     
             OLPF when photographing in color to eliminate false color                      
             and removing an OLPF when photographing in black and white                     
             to attain resolution (Brief at page 25).                                       
                  Appellant further argues that Mizoguchi fails to                          
             disclose “day-night photographing”; however, Mizoguchi                         
             necessarily involves this method because it teaches                            
             consideration of the photographic conditions unique to the                     
             particular day (Col. 19 lines 51-61) within the context of                     
             changing camera modes in accordance with detected light                        
             intensity.                                                                     
                  With respect to appellant’s arguments that Mizoguchi                      
             is directed to the imaging of different objects and that                       
             the combination involves improper hindsight, we note that                      
             Mizoguchi is only relied upon for the method of using an                       
             OLPF to improve image quality in a CCD camera.  It would                       
             have been obvious to one of ordinary skill in the art at                       
             the time of the invention to have incorporated an OLPF in                      
             the combined method of Beis and Chino for the purpose of                       
             eliminating false color and attaining high resolution,                         
             especially given that it would have been a trivial matter                      


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