Ex Parte SHINOZAKI - Page 6




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


               The way the charging period is imposed on the image sensor              
          is further described in col. 28, lines 9-12 and shown in Figure              
          31:                                                                          
               Then, at S505, a scanning speed fp for the scanning motor               
               70 is determined. The scanning speed fp is defined as a                 
               motor driving pulse cycle calculated to provide the charging            
               period determined in the photometering process. [Emphasis               
               added.]                                                                 
          The scanning motor 70 rotates the scanning mirror 2 at the speed             
          that allows the sensor 16 to capture the image and store the                 
          charges for the duration equal to the predetermined “charge                  
          period.”  Once the charges are transformed to a transmission part            
          through a shift gate, they are read out in response to a clock               
          signal which is what Appellant argues to be independent from the             
          sensed brightness.  Suzuki describes this charge transfer in col.            
          25, line 67 through col. 26, line 6:                                         
               In the image sensor 16, an electrical charge, which is                  
               stored in a photodiode for each pixel in response to a                  
               received light amount, is transformed to a transmission part            
               through a shift gate. The transmitted electrical charge is              
               sequentially input into a floating capacitor in response to             
               a transmission pulse and then converted to a voltage.                   
          There is nothing in Suzuki indicate that this “transmission                  
          pulse,” which is actually the only pulse applied to the image                
          sensor, is not determined or controlled by the sensed brightness.            
          We also agree with Appellant (reply brief, page 2) that the                  
          readout of the charges from the image sensor does not depend on              

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