Ex parte HATASE - Page 5




              Appeal No. 1999-2794                                                                                          
              Application No. 08/597,035                                                                                    

              image sensor 27 (Nakajima, Fig. 2) receives light from valid image areas, but not from                        
              invalid image areas.                                                                                          
                     Appellant argues (Brief at 13-14) that image sensor 27 is not shaded or "blocked"                      
              from the invalid areas.  In particular, appellant quotes a section of Nakajima (Reply Brief at                
              3) that is deemed to disclose that no blocking of light occurs.                                               
                     Our interpretation of the reference is in accord with appellant's.  Nakajima, at least                 
              at column 6, lines 8 through 15, clearly indicates that image sensor 27 receives light from                   
              the invalid image areas.  Moreover, the examiner has not pointed out any structure in                         
              Nakajima that might perform the function of "blocking a first plurality of photosensitive                     
              elements from among said plurality of photosensitive elements," as required by instant                        
              claim 7.  We therefore do not sustain the rejection of claim 7, nor the rejection of claims 8                 

              and 10, depending from 7.  We cannot sustain the rejection of the claims for the additional                   
              reason that we conclude that the basic combination of the APA and Hosokawa is not well                        
              founded, as previously noted herein.                                                                          
                     The requirements of instant independent claim 9 include "sequentially outputting a                     
              first subplurality of charges from among said plurality of charges from said shift register                   
              one by one," and "forcibly erasing a second subplurality of charges from among said                           
              plurality of charges remaining in said shift register."  The examiner puts forth the position                 
              that Nakajima inherently must have a "reset means" for efficient operation.  (See, e.g.,                      
              Answer at 14.)  Appellant contests the examiner's finding of inherency (Brief at 15).                         

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