Appeal No. 2002-1158
Application No. 09/052,867
Representative independent claim 1 is reproduced as follows:
1. A color imaging device comprising an array of light
selective elements, including a first light selective
element sensitive to light having a wavelength corresponding
to orange, a second light selective element sensitive to
light having a wavelength corresponding to green, and a
third light selective element sensitive to light having a
wavelength corresponding to blue, wherein each of the light
selective elements describes a respective color space for
only a light sensitive element associated with the light
selective element.
The prior art references of record relied upon by the
Examiner in rejecting the appealed claims are:
Tabei 5,063,439 Nov. 5, 1991
Yamada et al. (Yamada) 5,540,998 Jul. 30, 1996
Claims 1-4 and 6-16 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Tabei.
Claim 5 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Tabei in view of Yamada.
We make reference to the answer (Paper No. 16, mailed
June 18, 2001) for the Examiner’s complete reasoning, and to the
appeal brief (Paper No. 15, filed March 28, 2001) and the reply
brief (Paper No. 17, filed August 21, 2001) for Appellants’
arguments thereagainst.
OPINION
With respect to the 35 U.S.C. § 102 rejection of claims 1-4
and 6-16, Appellants argue that Tabei does not disclose or
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