Ex parte HASHIMOTO et al. - Page 13




          Appeal No. 1998-1387                                      Page 13           
          Application No. 08/208,791                                                  


          exposure can be always obtained when the human's skin ... is                
          the subject of the image.”  Col. 2, ll. 60-63.                              


               As mentioned regarding the combination of references,                  
          teachings of the prior art would have suggested the                         
          desirability of substituting Imai’s automatic exposure                      
          adjustment operation for Haruki’s automatic exposure                        
          adjustment operation.  Upon such substitution, the resulting                
          apparatus would have performed an automatic exposure                        
          adjustment operation on a skin-colored subject after                        
          performing an automatic focusing operation on the same.                     
          Because exposure would be adjusted only after focusing,                     
          exposure would be adjusted ipso facto only on a subject that                
          is in-focus.  In view of these teachings, we are persuaded                  
          that the combination of references in combination with the                  
          prior art as a whole would have suggested the claimed                       
          limitations of adjusting exposure of a skin-colored subject                 
          that is in focus.  Therefore, we affirm the rejection of                    
          claims 1, 11, 12, and 21 under 35 U.S.C. § 103.                             










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