Ex parte TORII - Page 7




          Appeal No. 95-5109                                                          
          Application No. 08/063,665                                                  


          circuits are never used together in Kondo.  The outputs from                
          the peak detector circuits 43A through 43D are to a series of               
          integrators 45A through 45D.  The explanation of the function               
          of the integrators makes clear that one type of peak detector               
          is used in one embodiment and the other type of peak detector               
          is used in another embodiment (column 13, lines 18 through                  
          30).  In a later paragraph (column 13, lines 42 through 44),                
          Kondo expressly states that “[t]he foregoing alternative                    
          operating modes of peak detector circuit 43A and integrator                 
          circuit 45A will best be appreciated by referring to FIG. 10.               
          . . .” (Emphasis added).  In another operating mode of the                  
          Kondo video camera, Kondo explains (column 19, lines 11                     
          through 21) that:                                                           
               For example, the focus detection signals produced by                   
               integrator circuits 45A and 45B are used in                            
               combination to sense the focus condition during                        
               scanning of pixel elements within auto-focus area                      
               AE , and the focus detection signals produced by                       
                 2                                                                    
               integrator circuits 45C and 45D are used as a                          
               measure of the focus condition during scanning of                      
               pixel elements within the auto-focus area AE .  By                     
                                                           1                          
               using a pair of focus detection signals, erroneous                     
               indications attributable to artifacts or                               
               interference in one of the focus detection signals                     
               are avoided.                                                           
               According to appellant (Brief, page 22):                               

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