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. 7Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007