Ex Parte Gann et al - Page 4



              Appeal No. 2006-2199                                                                                         
              Application No. 09/845,391                                                                                   

              line of photosensors 20a through 20f.  In Nakamura, each of the photosensors in the                          
              single line of photosensors has a different sensitivity to received light.  In the disclosed                 
              and claimed invention, each of the photosensors in a line of photosensors has the same                       
              sensitivity to light and receives the same “spectral bandwidth of light.”  The claimed                       
              second line of photosensors paired with the noted line of photosensors receives a                            
              “different” “spectral bandwidth” of light.  Thus, the obviousness rejection of claims 1                      
              through 4 and 6 is reversed because we agree with the appellant’s argument (brief,                           
              page 5; reply brief, page 2) that “[a] combination of Decker et al. and Nakamura et al.                      
              teaches only the general structure of staggered line arrays and receiving six spectral                       
              bandwidths, but that general teaching does not teach or suggest the specific limitation                      
              of receiving a different spectral bandwidth by each line in a staggered array.”                              
                     The obviousness rejection of claims 5, 8 and 9 is reversed based upon the                             
              reasoning set forth supra, and the additional reason that we agree with the appellant’s                      
              argument (brief, page 6; reply brief, page 3) that the additional reference to Kusaka is                     
              not concerned with “spectral bandwidths of light being received by the photosensors.”                        
                                                       DECISION                                                            
                     The decision of the examiner rejecting claims 1 through 6, 8 and 9 under 35                           
              U.S.C. § 103(a) is reversed.                                                                                 







                                                            4                                                              





Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007