Ex Parte HOSIER et al - Page 6




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


          when the photodiode is precharged.  In fact, the Examiner has               
          incorrectly identified clocks M1 and M2 as control signals for              
          transfer of charge which cause the clamping circuit to remain off           
          until a certain voltage (9V) is reached.  These clock signals are           
          actually two-phase clock pulses applied to the transfer gate                
          circuits (col. 3, lines 65-67) and have nothing to do with                  
          disabling of clamping circuit 21.  Additionally, the Examiner’s             
          reference to the potential on the vertical scanning line or the             
          photodiode that causes clamping circuit 21 be placed in its                 
          conductive or non-conductive state, falls short of the claimed              
          “disabling of the spillover protection device while the                     
          predetermined bias charge is injected on the photodiode.”  In               
          that regard, as argued by Appellants (brief, pages 7 & 8 and oral           
          hearing), the clamping circuit of Ohba plays no role during the             
          charge injection on the photodiode and affords no need to be                
          disabled.  Accordingly, because the claimed disabling of the                
          spillover protection device is not taught by Ohba, the prior art            
          does not anticipate the claims and the  35 U.S.C. § 102 rejection           
          of claims 1-6 cannot be sustained.                                          






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