Ex parte RUBEN - Page 6




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

                          lens of the viewfinder optical system.                                                  
                          [Examiner’s Answer at page 5].                                                          
                          Appellant argues that Asano does not disclose a                                         
             second real image plane fixedly located at a focal plane of                                          
             the eyepiece lens and at which a display is located.  We note                                        
             that The Academic Press Dictionary of Science and Technology                                         
             (Academic Press, San Diego 1992) defines “focal plane” as a                                          
             plane that is perpendicular to the principal axis and passes                                         
             through the focal point of the axis of a mirror, lens, or lens                                       
             system.  As such, the focal plane of eyepiece 8 in Asano is                                          
             perpendicular to axis X.  Clearly, the display 12 depicted in                                        
             Asano is disposed on axis Z which is not located at a focal                                          
             plane of eyepiece 8.  The examiner while recognizing that                                            
             display 12 is not disposed in the focal plane of eyepiece 8                                          
             states:                                                                                              
             Neverless, Asano et al clearly teaches that                                                          
                          a display can be placed in the second                                                   
                          optical path.  Thus, it would have been                                                 
                          obvious to modify the fourth reflecting                                                 
                          surface (M4) to be a stationary semi-                                                   
                          transparent reflecting surface to define a                                              
                          second optical path through the viewfinder                                              
                          because this modification would provide the                                             
                          shortest and an undeviated, straight line-                                              
                          of-sight optical path. [Examiner’s Answer                                               
                          at pages 6-7].                                                                          


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