Ex Parte IIZUKA - Page 5




              Appeal No. 2002-0501                                                                  Page 5                 
              Application No. 08/556,427                                                                                   


              second unnecessary signal charges generated in said second edge portion in said                              
              horizontal register during a horizontal blanking period, . . .  and draining an excess of                    
              said mixed signal charges."  (Emphasis added.)  Claims 1 and 10, the other                                   
              independent claims, include similar limitations.                                                             


                     The ordinary meaning of the adjective "excess" is "more than the usual, proper,                       
              or specified amount."  Webster's Ninth New Collegiate Dictionary 432 (1990).  Giving                         
              the limitations its ordinary meaning, the claim requires draining only the portion of                        
              mixed, unnecessary signal charges that exceeds the usual, proper, or specified                               
              amount.  This meaning is consistent with the appellant's specification, which discloses                      
              that  mixed signal charges "exceeding the allowable value are discharged into the drain                      
              region. . . ."  (Spec. at 13.)                                                                               


                                              Obviousness Determination                                                    
                     Having determined what subject matter is being claimed, the next inquiry is                           
              whether the subject matter would have been obvious.  "In rejecting claims under 35                           
              U.S.C. Section 103, the examiner bears the initial burden of presenting a prima facie                        
              case of obviousness."  In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956                              
              (Fed. Cir. 1993) (citing In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444                            
              (Fed. Cir. 1992)).  "'A prima facie case of obviousness is established when the                              








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