Appeal No. 2002-1670
Application 08/768,787
We further agree with Appellant’s assertion (Brief, page 6;
Reply Brief, page 4) that, although Shinbori’s disclosed second
embodiment in which piezoelectric element 331 functions to change
the planar position of image sensor 307' may result in image
shifting or pixel shifting (Shinbori, column 17, line 45 through
column 18, line 30 and Figure 32), such does not involve
differing pixel or image shifting methods dependent on a
determination of color or black-and-white sensed images as
claimed. Contrary to the differing pixel shifting methods
suggested by the Examiner to be disclosed in Shinbori, our review
of Shinbori’s “pixel shifting” embodiment indicates that there is
no change in methods for color or black-and-white processing. As
described at column 18, lines 10-12 of Shinbori, “ . . . color
signals may be generated without making a change to black and
white.”
We have also reviewed the Miyasaka reference, applied by the
Examiner to address the color and black-and-white determination
display feature of appealed claim 28. We find nothing, however,
in the disclosure of Miyasaka which would overcome the previously
discussed innate deficiencies of Shinbori.
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