Ex Parte Radl - Page 2




             Appeal No. 2005-0474                                                               2              
             Application No. 09/966,484                                                                        


             According to Appellant (specification, page 2), the claimed electro-optical device operates       
             to reduce moire’ or frequency aliasing.                                                           
                   Representative claim 1 is reproduced as follows:                                            
             1.    Electro-optical apparatus comprising,                                                       
                   lens apparatus,                                                                             
                   a CCD image sensor having a predetermined filter pattern of color-sensitive pixels,         
             and a spectrally dispersive element between said lens apparatus and said CCD.                     
                   The Examiner relies on the following prior art:                                             
             Langworthy                      4,654,698                 Mar. 31, 1987                           
                   Claims 1-3, 5, 6, 8, and 9 stand finally rejected under 35 U.S.C. § 102(b) as being         
             anticipated by Langworthy.                                                                        
                   Rather than reiterate the arguments of Appellant and the Examiner, reference is             
             made to the Briefs1 and Answer for the respective details.                                        
                                                    OPINION                                                    
                   We have carefully considered the subject matter on appeal, the rejection advanced                                                                                         
             by the Examiner and the evidence of anticipation relied upon by the Examiner as support           
             for the rejection.  We have, likewise, reviewed and taken into consideration, in reaching         
             our decision, Appellant’s arguments set forth in the Briefs along with the Examiner’s             

                   1 The Appeal Brief was filed April 5, 2004 (Paper No. 11).  In response to the Examiner’s Answer
             dated May 5, 2004 (Paper No. 12), a Reply Brief was filed July 8, 2004 (Paper No. 15), which was  
             acknowledged and entered by the Examiner as indicated in the communication dated October 26, 2004 
             (Paper No. 16).                                                                                   







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