Appeal No. 2001-1874
Application No. 09/072,758
and “continuous time processing circuit,” each coupled to the light sensitive element
and operating on photocurrent generated by the light sensitive element.
Instant method claim 9 requires separate steps of integrating the plurality of
photocurrents and performing continuous time processing on the plurality of
photocurrents. We agree with appellant that the rejection fails to show these separate
steps, within the same process, in Brajovic.
In view of the claims incorporating the limitations of independent claim 1 or
independent claim 9, we do not sustain the rejection of claims 1-3, 8, 9, 11-13, and 16
under 35 U.S.C. § 102 as being anticipated by Brajovic.
Claim 14, Section 102 rejection over Brajovic
We will sustain the rejection of claim 14 as being anticipated by Brajovic.
Appellant argues (Brief at 13) that the examiner erred in concluding that Brajovic
discloses both continuous time processing capability and integration capability. Instant
claim 14, however, does not require that the continuous time processing and integration
capability be mutually exclusive.
As we noted supra, in our review of the teachings of Brajovic, photodiode 12
operates in a photon-flux-integrating mode that integrates the incident light signal as it
is received in continuous time; i.e., without sampling circuitry in the embodiment of
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