Appeal No. 2003-0047 Application No. 09/350,335 an operating condition judging means for judging an operating condition of the imaging apparatus; a control means for controlling a change in frequency of the sweep-out of unnecessary charge by the sweep-out means on the basis of an output of the operating condition judging means; and said change in frequency being a reduction in the frequency when the operating condition judging means determines that the operating condition requires energy during a sweep-out operation. The Examiner relies on the following references in rejecting the claims: Kondo et al (Kondo) 5,168,364 Dec. 1, 1992 Appellants’ admitted prior art, page 1 of the specification and Figure 15 (admitted prior art). Claims 2, 5, 9, 10 and 13-15 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Kondo. Claim 12 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Kondo. Claims 16 and 17 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Kondo and the admitted prior art. We make reference to the answer (Paper No. 17, mailed April 23, 2002) for the Examiner’s reasoning, and to the appeal brief (Paper No. 16, filed February 12, 2002) and the reply brief (Paper No. 18, filed June 24, 2002) for Appellants’ arguments thereagainst. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007