Ex Parte KITAGAWA - Page 3




          Appeal No. 2002-1670                                                        
          Application 08/768,787                                                      


               luminance component extraction means for extracting                    
          luminance signals from color component data of each color of a              
          filter provided on said color image sensor when the object is               
          determined to be a black-and-white object by said determination             
          means.                                                                      
               The Examiner relies on the following prior art:                        
          Miyasaka                      5,196,929           Mar. 23, 1993             
          Shinbori et al. (Shinbori)    5,781,236           Jul. 14, 1998             
                                                  (filed Mar. 02, 1995)               
               Claims 1-4, 8-17, 20-28, and 32-39 stand finally rejected              
          under 35 U.S.C. § 103(a).  As evidence of obviousness, the                  
          Examiner offers Shinbori alone with respect to claims 1-4, 8-17,            
          20-27 and 32-39, and adds Miyasaka to Shinbori with respect to              
          claim 28.1                                                                  
               Rather than reiterate the arguments of Appellant and the               
          Examiner, reference is made to the Briefs2 and Answer for the               
          respective details.                                                         





               1  Claims 35-39 are not included in the heading of this rejection at page
          4 of the Answer.  The Examiner, however, has included them in the detailed  
          discussion of this rejection (Answer, pages 8 and 9) as has Appellant in the
          arguments in the Briefs, and we will treat them as being part of this       
          rejection.                                                                  
               2 The Appeal Brief was filed September 17, 2001 (Paper no. 19).  In    
          response to the Examiner’s Answer dated October 1, 2001 (Paper No. 20), a   
          Reply Brief was filed December 3, 2001 (Paper No. 22), which was acknowledged
          and entered by the Examiner as indicated in the communication dated February
          11, 2002 (Paper No. 23).                                                    
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