Ex parte SIMPSON et al. - Page 9




                 Appeal No. 1996-2284                                                                                                                   
                 Application No. 08/228,889                                                                                                             


                 as to avoid, reduce or eliminate the detected positional                                                                               
                 deviation").   Thus, Mitome's processing unit 207                                                                                                                
                 (corresponding to the claimed feedback system) controls the                                                                            
                 reticle drive 21 (corresponding to the claimed alignment                                                                               
                 means), as required to satisfy claim 1.                                                                                                
                          Appellants next argue that Mitome's folding mirrors are                                                                       
                 not "secured to said lens," as recited in claim 1,  which                                 8                                            
                 language appellants construe as requiring that the folding                                                                             
                 mirrors be "carried by" the lens (Brief at 4) and "movable                                                                             
                 with" the lens (Reply Brief at 1).  The examiner, on the other                                                                         
                 hand, argues that "the components in figure 2 are not, in                                                                              
                 reality, suspended in space; each component is secured in the                                                                          
                 system.  The mirror may not be directly attached to the lens,                                                                          
                 but it is secured to the lens, albeit through intermediate                                                                             
                 components."  (Answer at 4.)                                                                                                           
                 In our view, this interpretation of "secured to said lens" is                                                                          
                 a reasonable one.  As explained in In re Hyatt, 54 USPQ2d                                                                              
                 1664, 1667 (Fed. Cir. 2000),                                                                                                           

                          7The term "avoid" was deleted from this passage by a                                                                          
                 Certificate of Correction issued September 10, 1991.                                                                                   
                          8Claim 5 does not include this or a similar requirement.                                                                      
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