Ex Parte KIJIMA et al - Page 4




          Appeal No. 2003-0047                                                         
          Application No. 09/350,335                                                   


                                       OPINION                                         
               With respect to the 35 U.S.C. § 102 rejection of the claims,            
          Appellants point out that the claims are directed to conserving              
          battery energy required during a sweep-out operation and differ              
          from the prior art that relates to anti-blooming (brief, page 14;            
          reply brief, page 2).  Appellants further point to Figures 10 and            
          11 of Kondo and assert that although a sweep-out operation is                
          performed after the shutter aperture has reached the desired                 
          opening, there is no mention of a Judging means for judging the              
          occurrence of another camera function (brief, page 22; reply                 
          brief, page 9).  Further Referring to figure 12, Appellants point            
          out that Kondo provides no teaching or suggestion for altering               
          the frequency of sweep-out pulses responsive to the need for                 
          battery energy by another function (brief, page 23; reply brief,             
          page 10).  Additionally, Appellants argue that the two techniques            
          disclosed by Kondo provide either for frequency of anti-blooming             
          pulses being a function of the amount of light or for discharging            
          the picture elements prior to operation of the flash without                 
          changing the frequency of these pulses (brief, page 25).                     
               In response to Appellants’ arguments, the Examiner equates              
          the means for closing the shutter in Kondo with the claimed                  
          “operation condition judging means” and asserts that the change              

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