Ex Parte KITAMURA - Page 4




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


               averaged signals.  In lines 9-12 of col. 5, Arai rather                
               discloses that three color signals are derived by a                    
               detector 10 and supplied to an integrator 11.  The                     
               integrator 11 integrates the three color signals to                    
               obtain an overall exposure amount.  Arai does not                      
               disclose the processes that take place within the                      
               integrator 11. . . . Furthermore, there is no indication               
               that the integrator averages values.  Therefore, the                   
               integrator in Arai does not multiply averaged pixel data.              
               In reply, the examiner states (answer, pages 4 and 5) that the         
          integrator 11 in Arai inherently averages the three color signals           
          from the video source, and that the MPU 30 in Arai inherently               
          multiples when it outputs a correction signal that adjusts the gain         
          of the diaphragm controller 12.                                             
               Appellant challenges the examiner’s inherency position, and            
          maintains that the examiner has “failed to present a reference, or          
          combination of references that discloses averaging respective pixel         
          information and multiplying the averaged pixel information” (reply          
          brief, pages 2 and 3).                                                      
               We agree with appellant’s arguments.  Nothing in the record            
          supports the examiner’s conclusions that Arai teaches or would have         
          suggested to one of ordinary skill in the art to use an integrator          
          to average a predetermined amount of pixel information from an              
          imaging element, and then to use the noted MPU to multiply the              
          averaged pixel information as set forth in the claimed invention.           
          The examiner’s inherency position is equally without support in the         
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