Ex parte RUBEN - Page 5




             Appeal No. 95-3797                                                                                   
             Application 07/975,764                                                                               

                          real image plane is fixedly located at a                                                
                          focal plane of the eyepiece lens and can be                                             
                          viewed through the eyepiece lens; the real                                              
                          image viewfinder further including a                                                    
                          display, located at the second real image                                               
                          plane, that displays data items that can be                                             
                          viewed through the eyepiece lens.                                                       
                          [Examiner’s Answer at page 4]                                                           
                          The examiner relies on Asano for teaching (1) “a                                        
             stationary semi-transparent reflecting surface (6) that                                              
             permits the second optical path (optical axis Z) to extend                                           
             from the eyepiece through the semi-transparent reflecting                                            
             surface to the  second real image plane (window plate 18)”,                                          
             (2) “that the display items (data carrying plate 12 and bright                                       
             frame S) can be viewed through the eyepiece lens” and (3)                                            
             “that the display can be solely illuminated by light passing                                         
             through the viewfinder along the second optical path.                                                
             (Examiner’s Answer at pages 4-5)”  The examiner concludes:                                           
                          Given the teachings of Asano et al, it                                                  
                          would have been obvious to one having                                                   
                          ordinary skill in the art to modify the                                                 
                          fourth reflecting surface (M4) of Bentensky                                             
                          et al to define a second undeviated                                                     
                          straight optical path which extend[s]                                                   
                          through the viewfinder from the eyepiece                                                
                          lens such that a display is fixedly located                                             
                          at a focal plane of eyepiece lens for the                                               
                          purpose of viewing data display through the                                             
                          eyepiece with the view of the object to be                                              
                          photographed observed through the objective                                             

                                                       -5-5                                                       





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