Ex Parte KITAMURA - Page 3




          Appeal No. 2003-1375                                                        
          Application No. 09/035,425                                                  


                                        OPINION                                       
               We have carefully considered the entire record before us, and          
          we will reverse the obviousness rejection of claims 1 through 8.            
               Appellant has not challenged the examiner’s finding (final             
          rejection, page 3) that Kondo discloses all of the structure set            
          forth in claim 1 except for “an averaging means for averaging a             
          predetermined amount of the respective pixel information and a              
          pseudo-luminance information producing means capable of multiplying         
          the averaged pixel information outputted from the imaging element.”         
          With respect to the missing teachings in Kondo, the examiner states         
          (final rejection, page 3) that “Arai reveals that it is well known          
          in the art to utilize an averaging means and an integrator for              
          averaging the total of three color signals to obtain a proper               
          exposure (see col. 5, lines 9-12 and col. 26, lines 8-11).”  Based          
          upon the teachings of Arai, the examiner concludes (final                   
          rejection, page 3) that:                                                    
               Therefore, it would have been obvious to one of ordinary               
               skill in the art at the time the invention was made to                 
               implement Arai’s teachings.  One would have been                       
               motivated to do so in effort [to] produce a clearer                    
               picture by obtaining a proper exposure.                                
          Appellant argues (brief, page 5) that:                                      
               The portions of Arai relied upon by the Examiner,                      
               however, do not disclose averaging a predetermined amount              
               of the R, G, and B pixel signals and then multiplying the              

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