Ex parte TORII - Page 10




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


               circuit 21.  If the newest maximum value in the                        
               memory 19 is decreased, a focusing motor control                       
               circuit 22 inverts the rotational direction of the                     
               focusing motor 3.                                                      
               Even if we assume for the sake of argument that it would               
          have been obvious to one of ordinary skill in the art to use                
          the peak hold means of Murashima in Kondo, we are still left                
          with the fact that Kondo does not disclose an averaging means               
          and uses the two claimed means for determining auto-focus                   
          measurement values in an alternative manner.                                
               With respect to the claimed low-pass filter between the                
          two means for determining auto-focus measurement values (claim              
          2), we agree with appellant’s arguments (Brief, pages 18 and                
          19) that such auto-focus apparatus is neither taught by nor                 
          would have been suggested by Kondo and Murashima.  Thus, the                
          obviousness rejection of claims 1, 2, 6 through 10 and 13 is                
          reversed.                                                                   
               The obviousness rejection of claims 11 and 12 is reversed              
          because the auto-focus region teachings of Ueda (column 3,                  
          lines 38 and 39) do not cure the noted shortcomings in the                  
          teachings of Kondo and Murashima.                                           



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