Ex Parte HOSIER et al - Page 3




          Appeal No.  2003-0089                                                       
          Application No.  08/976,474                                                 


               The Examiner relies on the following reference in rejection            
          the claims:                                                                 
               Ohba et al.(Ohba)        4,267,469    May 12, 1981                     
               Claims 1-6 stand rejected under 35 U.S.C. § 102(b) as being            
          anticipated by Ohba.                                                        
               Rather than reiterate the viewpoints of the Examiner and               
          Appellants, we refer to the answer (Paper No. 17, mailed April 9,           
          2002) for the Examiner’s complete reasoning in support of the               
          rejection, and to the brief (Paper No. 16, filed December 13,               
          2001) and the reply brief (Paper No. 18, filed June 17, 2002) for           
          Appellants’ arguments thereagainst.                                         
                                       OPINION                                        
               The focus of Appellants’ arguments is that Ohba does not               
          disclose disabling a spillover protection device while a bias               
          charge is placed on the photodiode (brief, page 6).  Appellants             
          point out that the equivalent of the claimed “spillover                     
          protection device” must be the “clamping circuit 21" in Ohba                
          which return the potential on the photodiode to a known constant            
          voltage (brief, page 7).  Appellants, however, argue that there             
          is no disclosure in Ohba indicating that the clamping circuit is            
          disabled during the injection step (id.).  Appellants further               
          point to the higher activation voltage of the clamping circuit              

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