Ex Parte Gann et al - Page 3



              Appeal No. 2006-2199                                                                                         
              Application No. 09/845,391                                                                                   

              sensors in the first line and the second line have substantially the same pitch, and                         
              where photo-sensors in the first line are offset relative to photo-sensors in the second                     
              line by approximately one-half the pitch.”  The first set of lines of photosensors is                        
              comprised of red photosensors, the second set of lines of photosensors is comprised of                       
              green photosensors and the third set of lines of photosensors is comprised of blue                           
              photosensors.  The examiner acknowledges (answer, page 3) that Decker “does not                              
              teach that the six lines of photo-sensors can all have different spectral bandwidths . . . .”                
              According to the examiner (answer, pages 3 and 4), “Nakamura et al teaches on                                
              Column 7, Lines 8-17 and depicts in Figure 1 and 2 that when designing a color scanner                       
              that uses six lines of photo-sensors, that it is advantageous that the six photo-sensors                     
              have six different sensitivities corresponding to two red, two green, and two blue                           
              sensitivities . . . in order to allow a scanner to distinguish between color photographic                    
              originals and color printed originals.”  Based upon the teachings of Nakamura, the                           
              examiner concludes (answer, page 4) that “it would have been obvious to one of                               
              ordinary skill in the art at the time the invention was made to make the six lines of                        
              photo-sensors in the scanner of Decker et al to have six different spectral sensitivities                    
              as taught by Nakamura et al. in order to allow a scanner to distinguish between color                        
              photographic originals and color printed originals.”                                                         
                     We disagree with the examiner’s finding (answer, page 3) that Nakamura is                             
              concerned with designing a color scanner with six lines of photosensors.  As clearly                         
              seen in Figure 1 of Nakamura, the image sensor assembly 20 consists of only a single                         

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