Appeal No. 95-2600
Application 07/990,458
moved right and left. Thus, the front frame 20 in Suwa has
structure corresponding the "support frame" of claim 1.
Appellant's "goggle-shaped housing" is disclosed as a
"cover" (specification, page 5, line 10, and, for example,
claim 7). Comparing figure 4, which shows the support frame 41
with hinges 56, 57, to figure 1, it is seen that the housing is a
cover (or covers) over the movable optical blocks; e.g., claim 7
recites a main cover and right and left covers. Figures 1 and 5
show that the housing may consist of a front cover 59, a rear
cover 60 (which may consist of an upper cover 61 and a lower
cover 52), and side covers 6 and 7. The claims, at most, recite
that the housing consists of "a main cover portion, and left and
right side covers attached to the opposite sides of the main
cover portion" (claims 7, 9, and 13). Claim 1 does not recite
any structure of the housing, but only recites the function of
"containing the left and right optical blocks" without defining
what is meant by "containing." Suwa has a front frame 20 with a
shield or visor that covers the front and side portions of the
device and a top flat portion in figure 3 through which dial 23
protrudes (like the cover in appellant's figures 1 and 5). Suwa
also has wide support frames (i.e., bows) 21A and 21B, which are
part of the housing as evidenced by the "left and right side
covers" in claims 7, 9, and 13. As shown by the dashed outline
- 7 -
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Last modified: November 3, 2007