Appeal No. 2002-1158
Application No. 09/052,867
suggest a device comprising “a light selective element sensitive
to light having a wavelength corresponding to orange” (brief,
page 4). Appellants further point to an exemplary photosensing
matrix disclosed in Figure 12 of Tabei wherein the photo detector
elements produce signals corresponding to blue, green and a third
color represented by B,G and Or (brief, page 5). Appellants
argue that the signal Or does not represent the color orange and
is, in fact, described by Tabei (col. 10, lines 55-56) to have
spectral sensitivity in the range of 460 nm to 700 nm (red and
negative red combined) (brief, page 6). Appellants conclude that
the color signal Or must represent “Optimal red” since Tabei
subtracts the green signal from the third color signal (col. 11,
lines 15-27) in order to obtain an Optimal red or “Or” (brief,
page 7).
In response to Appellants’ arguments, the Examiner asserts
that “the third color signal SOr is produced by a color filter Or
which has wavelength about 580 nm (answer, paragrph bridging
pages 7 & 8). However, the Examiner relies on a diagram from an
additional prior art (“Television Engineering Handbook” by K.
Blair Benson (Benson))) and Appellants’ Figures 2B and 2C and
concludes that the wavelength of 580 nm corresponds to an orange
region (answer, page 8).
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