Appeal No. 2002-1670
Application 08/768,787
determination of whether a sensed image is a color or black-and-
white image, first and second pixel shifting methods (claims 1,
15, and 32) or first and second image shifting methods (claim
35).
After reviewing the Shinbori reference in light of the
arguments of record, we are in general agreement with Appellant’s
position as stated in the Briefs. We would point out initially,
however, that we do not agree with Appellant’s argument (Brief,
pages 7 and 9) that the action of Shinbori’s piezoelectric member
331 functions only to shift image sensor 307' relative to the
image, and does not shift the position of the image on the image
sensor as claimed. We fail to see how the relative movement of
Shinbori’s image sensor 307' with respect to the sensed image
would not result in a positional shift of the sensed image on the
image pickup element.
Our review of the disclosure of Shinbori, however, does find
us in agreement with Appellant’s argument that the claimed first
and second pixel shifting or image shifting methods in dependence
on color or black-and-white image determination is not taught or
suggested by Shinbori. The Examiner initially refers (Answer,
page 4) to the rotating low pass filter 304 in Shinbori, which
functions to provide image sensing in color and black-and-white
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