Appeal No. 1998-1905
Application No. 08/362,725
OPINION
In the statement of the rejection, the examiner points to Figure 2 of Dillon as
disclosing an infrared digital electronic camera which includes an image sensing array unit
6, with a “mosaic color filter array” (12’, Figure 4A), a signal processor (Fig. 2), and an IR
filter 24 (Fig. 2). (See Answer, pages 3-4.) Dillon is not relied on as teaching a filter that
blocks blue light and passes infrared light, nor a processing circuit for processing the
image signal to produce a false color image signal. (See id. at 4.) Rantasuo is relied on
as providing the teachings that are missing in Dillon. (See id.)
Appellants argue in the Brief, inter alia, that the rejection is based on impermissible
hindsight, in that there was no motivation in the prior art for the combination proposed. Our
review of the references leads us to conclude that appellants’ assessment is correct.
Dillon discloses a color video camera which uses infrared light to supplement the
image sensors when visible light is at low levels. As shown in Figure 2, at low light levels
infrared filter 24 is removed from the optical path, allowing visible and infrared radiation to
fall on imaging apparatus 6. As shown in Figure 4A, a filter mosaic 12’ cooperates with
the imaging array. The filter mosaic 12’ has specific filtering properties in that each
element of the mosaic blocks two of the three preselected primary colors (red, green, and
blue), but each element also transmits infrared. The primary colors are thus supplemented
by infrared at low light levels. In the preferred embodiment, the video camera is switched
to monochrome at the low light levels so at to avoid unnatural color.
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