Ex Parte KIJIMA et al - Page 6




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


          apparatus (abstract).  The frequency of the clock signal applied             
          to the anti-blooming gate, as relied on by the Examiner, is                  
          increased from f1 to f0 when the shutter reaches a desired                   
          aperture and the flash device is used causing an increase in the             
          amount of incident light (col. 7, lines 56-68).  As depicted in              
          Figure 6, the increase in signal frequency occurs during the                 
          middle part of the shutter operation and when the flash device is            
          operating in order to remove excessive charges generated during              
          the fully open aperture and the flash operation (col. 8, lines               
          17-32).  Therefore, instead of the claimed operating judging                 
          means for determining the operating condition of the imaging                 
          apparatus and lowering the sweep-out signal frequency, Kondo                 
          provides for a system controller which changes the frequency of              
          anti-blooming to a higher level when the flash device is being               
          operated.                                                                    
               We further find Appellants’ arguments distinguishing the                
          claimed operating judging means over Kondo’s control system for              
          applying the anti-blooming gate signal, to be persuasive.  As                
          discussed above, what the Examiner characterizes in Kondo as the             
          change of the frequency being a reduction in response to the                 
          shutter closure (answer, page 5), is actually an increase in the             
          frequency when the flash device is operating and the amount of               

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