Ex Parte KIJIMA et al - Page 7




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


          incident light increases.  In fact, after operating the flash                
          device, Kondo reduces the frequency of the signal applied to the             
          anti-blooming gate from f0 back to f1 which is the same frequency            
          used during the opening of the shutter and prior to activating               
          the flash device.  In that regard, Kondo changes the frequency of            
          the anti-blooming gate signal only according to the amount of the            
          incident light and not based on the energy needs that are                    
          determined by an operating condition judging means.  Thus, Kondo             
          does not anticipate claim 2, nor the other independent claims                
          which recite a decrease in the frequency when other parts of the             
          imaging device is being operated.  Accordingly, the 35 U.S.C.                
          § 102 rejection of claims 2, 5, 9, 10 and 13-15 over Kondo cannot            
          be sustained.                                                                
               Turning to the 35 U.S.C. § 103 rejection of claims 122, 16              
          and 17 we note that claim 12 recites a control means for setting             
          a lower sweep-out frequency during an access operation of the                
          recording means, whereas claims 16 and 17 require shift registers            
          for holding charges.  The Examiner, in asserting that the                    
          frequency remains low even during the access operation of the                
          recoding means or the commonly known uses of shift registers, has            

               2 Claim 12 should be rejected under 35 U.S.C. § 112, second paragraph,  
          as the term “the sweep out means” lack proper antecedent basis.  Appellants  
          should provide the necessary amendments to the claim in order to remedy the  
          lack of antecedent basis.                                                    
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