Ex Parte Kole - Page 9



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

               The examiner has not established that Suzuki’s disclosure              
          itself would have fairly suggested, to one of ordinary skill in             
          the art, reversing the order of the white balance variable                  
          amplifiers and the signal processor as proposed by the examiner.            
          For this reason and because the examiner has not established that           
          Suzuki would have fairly suggested, to one of ordinary skill in             
          the art, an amplifier circuit for whiteness compensation and                
          brightness compensation having a two-stage amplifier with a first           
          amplifier stage for a fine compensation and a second amplifier              
          stage for a coarse compensation, we conclude that the examiner              
          has not carried the burden of setting forth a prima facie case of           
          obviousness of the camera claimed in the appellant’s claim 4.  We           
          therefore reverse the rejection of that claim.                              
               The examiner does not rely upon Khoury or Opris for any                
          disclosure that remedies the above-discussed deficiency in Suzuki           
          as to claim 4 from which claims 5 and 6 depend.  Accordingly, we            
          reverse the rejections of claims 5 and 6.                                   







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