Ex Parte Kole - Page 2



          Appeal No. 2004-1134                                                        
          Application No. 09/928,204                                                  

               component of the color picture generating an electrical red            
               value signal (R), a green component of the color picture               
               generating an electrical green value signal (G), and a blue            
               component of the color picture generating an electrical blue           
               value signal (B), which signals are supplied to a                      
               parallel/serial converter (11) and an amplifier circuit (3,            
               32, 42) for a white compensation and a brightness                      
               compensation, wherein the amplifier circuit (3) comprises a            
               first amplifier (17) in a separate channel (12) for a white            
               compensation of the red value signal (R), a second amplifier           
               (18) in a second channel (14) for a white compensation of              
               the blue value signal (B), and a third, separate channel               
               (13) for the brightness compensation of the green value                
               signal (G).                                                            
                                   THE REFERENCES                                     
          Suzuki                      5,691,772              Nov. 25, 1997            
          Khoury                      5,838,194              Nov. 17, 1998            
          Opris                       6,342,919              Jan. 29, 2002            
          (filed Apr.  8, 1999)                                                       
                                   THE REJECTIONS                                     
               The claims stand rejected as follows: claims 1-3 under                 
          35 U.S.C. § 102(b) as anticipated by Suzuki; claim 4 under                  
          35 U.S.C. § 103 as obvious over Suzuki; claim 5 under 35 U.S.C.             
          § 103 as obvious over Suzuki in view of Khoury; and claim 6 under           
          35 U.S.C. § 103 as obvious over Suzuki in view of Opris.1                   

               1 The examiner relies upon U.S. 5,969,759 to Morimoto and              
          5,128,533 to Oguchi in support of the rejection of claims 1-3               
          (answer, pages 4-7).  Because those references are not included             
          in the statement of the rejection, they are not properly before             
          us.  See In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ 406, 407             
          n.3 (CCPA 1970).  Consequently, we do not consider those                    
          references in reaching our decision.                                        
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