Ex parte COOPER - Page 5




          Appeal No. 1998-0740                                                        
          Application 08/627,838                                                      


          After consideration of the positions and arguments presented                
          by both the examiner and the appellant, we have concluded that the          
          rejection should not be sustained.  We agree with appellant that            
          there is no teaching or motivation to combine Nakajima and Nagai.           
          The examiner has provided no explanation in support of his                  
          position that the combination would have in fact resulted in an             
          improved high speed video camera, nor is it explained why one of            
          ordinary skill in the art would have found it obvious to combine            
          the teachings to achieve an improved high speed camera.                     
          We further note that the examiner has not shown that any of                 
          the aforementioned signals E1-E4 of Nagai are utilized to alter             
          charge accumulation time (exposure) of photoelectric elements 7 by          
          increments having variable length.  Column 7, lines 53-68, of               
          Nagai indicates that the photoelectric elements are charged at              
          regular intervals, such as 1/1000 of a second, between read pulses          
          36 and 37.  Such being the case, there appears to be no teaching,           
          motivation or suggestion to utilize signals E1-E4 as clock signals          
          in Nakajima to alter charge accumulation time.                              
          Even though we will not sustain the rejection of the claims                 
          before us, we do agree with the examiner that Nagai’s signals E1-           
          E4 have a constant number of transitions for a given period of              

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