Ex Parte SHINOZAKI - Page 5




          Appeal No. 2004-0262                                                         
          Application No. 09/139,711                                                   


          stored charges are transformed to a transmission part in response            
          to a transmission pulse (answer, page 6).                                    
               A rejection for anticipation under section 102 requires that            
          the four corners of a single prior art document describe every               
          element of the claimed invention, either expressly or inherently,            
          such that a person of ordinary skill in the art could practice               
          the invention without undue experimentation.  See Atlas Powder               
          Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947                 
          (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d            
          1671, 1673 (Fed. Cir. 1994).                                                 
               After a review of Suzuki, we agree with Appellant’s                     
          assertion that the claimed clock signal to be applied to the one-            
          dimensional image sensor is different from the charging period or            
          the rotating speed of the scanning mirror.  Suzuki in col. 25,               
          lines 19-24 states:                                                          
               In the photometering process, a charging period of the image            
               sensor 16 for each line during image capturing is selected              
               based on the maximum brightness at which pixels will not be             
               saturated. The rotating speed of the scanning motor 70 is               
               then determined to correspond to the charging period.                   
          Therefore, although the rotating speed of the scanning motor is              
          determined based on the desired charging period, it is the                   
          rotation of the motor that rotates the mirror and actually causes            
          the image sensor to capture the image for that charging period.              

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