Ex Parte Park - Page 4

             Appeal No. 2006-1020                                                           
             Application No. 09/899,066                                                     



                                          OPINION                                           
                  We affirm the rejection under 35 U.S.C. § 103 of                          
             claims 1-5, 9, 11-13, 17 and 26-27, and the rejection under                    
             35 U.S.C. § 103 of claims 6-8, 10, 14-16, 18-25 and 28.1                       
                    Rejection of Claims 1-5, 9, 11-13, 17 and 26-27                         
                  Beis teaches switching between two modes in a CCD                         
             camera (Col. 6 lines 14-16) according to detection of the                      
             incoming light intensity as compared to a threshold light                      
             intensity (Col. 2 lines 17-36) wherein the modes are                           
             defined by insertion or removal of a filter.  Specifically,                    
             an infrared filter is inserted when daytime operation is                       
             detected and removed when nighttime operation is detected                      
             (Col. 6 lines 35-45).  It is the examiner’s view that Beis                     
             does not teach that insertion or removal of a filter causes                    
             an out-of-focus condition or that such a condition is                          
             correctable by switching between pre-stored zoom trace                         
             data.                                                                          


                                                                                           
             1 In response to appellant’s traversal of “newly presented                     
             grounds of rejection” (brief at 10) we note that the                           
             examiner’s remarks of pages 3-7 of the answer are merely                       
             responsive to appellant’s arguments.                                           
                                             4                                              


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