Appeal No. 2003-0047
Application No. 09/350,335
to a lower frequency when the shutter begins to close is the same
as the claimed change in frequency when the operating condition
judging means determines the need for energy during a sweep-out
operation (answer, page 5). The Examiner further characterizes
the system controller 17 of Kondo for providing clock signals as
the claimed operating condition judging means and argues that
energy is inherently not used when the shutter is inoperative,
but is needed for activating the shutter to its closed position
(answer, pages 5 & 6).
A rejection for anticipation under section 102 requires that
the four corners of a single prior art document describe every
element of the claimed invention, either expressly or inherently,
such that a person of ordinary skill in the art could practice
the invention without undue experimentation. See Atlas Powder
Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947
(Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d
1671, 1673 (Fed. Cir. 1994).
After reviewing Kondo, we agree with Appellants’ assertion
that the claimed reduction in the sweep-out frequency when the
operating judging means determines that the operating condition
requires energy, are absent in the reference. Kondo relates to
the operation of an anti-blooming gate in an image sensing
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007