Ex parte HYNECEK et al. - Page 9




             Appeal No. 1998-1698                                                                                     
             Application No. 08/411,033                                                                               


             intermittently, i.e., during each horizontal blanking period HBLK, (which is the low level               
             period of a horizontal blanking pulse HBLK shown in FIG. 7) so as to reduce the quantity of              
             charge to be accumulated during the period T .                                                           
                                                            2                                                         
                    The examiner relies upon Stevens ‘774 to teach the use of a lateral overflow drain                
             antiblooming structure and that it would have been obvious to one of ordinary skill in the art           
             at the time of the invention to include this into the system of Hieda.  (See answer at pages             
             4-5.)  Appellants argue that Stevens ‘774 does not disclose or suggest the change of the                 
             charge capacity of the image sensing area because the lateral overflow drain and the                     
             image sensing area are controlled by the same gate.  (See brief at pages 6-7.)  We agree                 
             with appellants that Stevens ‘774 is silent with respect to any control of the capacity of the           
             imaging area.                                                                                            
                   From our review of Steven ‘774, we find that Stevens ‘774 merely teaches the                      
             structure of a lateral overflow drain and reduction of cross talk.  Since Hieda does not                 
             clearly disclose the control of charge capacity by varying a bias voltage to increase the                
             capacity during the charge transfer to memory  and Stevens ‘774 does not remedy the                      
             deficiency in Hieda, we cannot sustain the rejection of claim 1 and its dependent claims 2-              
             8.  Independent claim 9 contains similar limitations which the combination of Hieda and                  
             Stevens ‘774 do not teach or suggest.  Therefore, we cannot sustain the rejection                        




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