Appeal No. 2004-0012
Application No. 10/057,614
The examiner relies upon the following references as
evidence of obviousness:
Ozawa 5,721,987 Feb. 24, 1998
Park 6,224,271 B1 May 1, 2001
(filed Jul. 20, 2000)
Shima et al. (Shima) 6,381,507 B1 Apr. 30, 2002
(filed May 31, 2000)
Tatsuzo 394,901 A2 Oct. 31, 1990
(European patent application)
Appellants' claimed invention is directed to a digital
imaging device, such as a digital still camera or a video camera,
comprising a lens having extended and retracted positions. The
control logic of the camera is configured to toggle the power-on
status of the device without retracting the lens when it is in
the extended position. In this way, the life of the battery for
the camera is extended by reducing the frequency with which the
retractable lens is extended and retracted. Also, according to
appellants, it eliminates the delay caused by the extension of
the lens when the camera is turned on, "thereby reducing the
probability that the photographer will miss an important candid
shot" (page 2 of principal brief, fourth paragraph).
Appealed claims 1-6, 8, 9, 12-14, 17, 18 and 21-26 stand
finally rejected under 35 U.S.C. § 103(a) as being unpatentable
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