Ex Parte KIJIMA et al - Page 3




          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.                                                                

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