Ex Parte MORRIS - Page 9




             Appeal No. 2001-1874                                                                                     
             Application No. 09/072,758                                                                               

             Figure 2.1  That Brajovic may disclose, as appellant argues, circuitry that counts events                
             or detects changes in histogram patterns --  subsequent to the processing of                             
             photocurrent at photodiode 12 -- is essentially irrelevant in view of the scope of instant               
             claim 14.                                                                                                


                    Claims 15 and 18, Section 103 rejection over Aizawa and Kawahito                                  
                    Appellant’s argument in support of claims 15 and 18 (Brief at 13-15), other than                  
             the alleged deficiencies in Aizawa that we have found to be unpersuasive, is the                         
             asserted lack of suggestion or motivation in either reference of compression responsive                  
             to continuous time processing.                                                                           
                    Appellant’s position appears to presuppose that Aizawa lacks continuous time                      
             processing -- a postulate that we find untenable.  In any event, we agree with the                       
             examiner’s position set out in the Answer.  Moreover, the compression engine taught by                   
             Kawahito is for compressing image data prior to storage.  The compression engine                         
             would have no data to compress, absent completion of processing of the image signal                      
             by the ISA, or upon “a result” of continuous time processing within the ISA, as recited in               
             instant claim 15.                                                                                        
                    Being unpersuaded of error in the rejection, we sustain the Section 103 rejection                 
             of claims 15 and 18 over Aizawa and Kawahito.                                                            

                    1 Brajovic describes an alternative embodiment (Fig. 4) that includes a shutter 4 for enabling    
             discrete sampling periods.  Col. 10, ll. 11-40.                                                          
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