Ex Parte Stavely et al - Page 2




               Appeal No.  2006-3221                                                                                            
               Application No. 09/955,457                                                                                       


                                                       BACKGROUND                                                               
                      Appellants’ invention relates to a system and method for simulating fill flash in                         
               photography.  An understanding of the invention can be derived from a reading of exemplary                       
               claim 1, which is reproduced below.                                                                              
                   1.      A method of simulating fill flash in a camera system comprising                                      
                      the steps of:                                                                                             
                      a)   determining distances from the camera to objects in a scene; and                                     
                           b)   taking a photograph of the scene without using a flash; and                                     
                           c)   selectively adjusting the brightness of regions of the photograph                               
                      based  on the distance information.                                                                       
                                                         PRIOR ART                                                              
                      The prior art references of record relied upon by the Examiner in rejecting the appealed                  
               claims are:                                                                                                      
               Nishimura et al. (Nishimura)  5,617,141   Apr.   1,   1997                                                       
               Miyadera      5,550,587   Aug. 27,   1996                                                                        
               Parulski et al.  (Parulski)  5,563,658   Oct.    8,   1996                                                       
               Kikuchi      6,757,020   June  29,   2004                                                                        
                         REJECTIONS                                                                                             
                      Rather than reiterate the conflicting viewpoints advanced by the Examiner and the                         
               Appellants regarding the above-noted rejections, we make reference to the Examiner's answer                      
               (mailed June 12, 2006) for the reasoning in support of the rejection, and to Appellants’ brief                   
               (filed April 18, 2006) and reply brief (filed July 20, 2006) for the arguments thereagainst.                     
                      Claims 1, 7, and 14 stand rejected under 35 U.S.C. 103(a) as being unpatentable over                      
               Nishimura.  Claims 2-4, 8-11, and 23-24 stand rejected under 35 U.S.C. 103(a) as being                           
               unpatentable over Nishimura in view of Parulski.  Claims 5-6 and 12-13 stand rejected under 35                   
               U.S.C. 103(a) as being unpatentable over Nishimura in view of Miyadera.  Claims 15-22 stand                      
               rejected under 35 U.S.C. 103(a) as being unpatentable over Nishimura in view of Kikuchi.                         

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