Ex parte ELLENBY et al. - Page 5




          Appeal No. 1998-0678                                                        
          Application No. 08/411,299                                                  
          Up Display (HUD) but it is a single image being displayed.                  
               We would agree with appellants with their assessment of                
          Burgess and we disagree with the examiner that page 2 of the                
          instant specification admits that HUD and HMD devices are                   
          devices that combine images.  The cited portion of the                      
          specification only states that HUD and HMD devices “rely on                 
          optical combiners to join image information generated by a                  
          computer to augment a scene being                                           
          viewed.”  It does not say, necessarily, that the HUD and HMD                
          devices are, themselves, the combiners.                                     


               However, appellants set forth a more convincing line of                
          reasoning for obviousness, at page 5 of the brief, than does                
          the examiner.  That is, appellants concede, and we agree, that              
          the pilot’s eye, in Burgess, provides the second “vision                    
          system” having the second perspective view of the scene which               
          forms an image.  Even though, as appellants state, “the spirit              
          of Burgess is quite different than the spirit of Applicants’                
          invention” [brief-page 5], the pilot’s eye being a second                   
          vision system, the broad language of independent claims 1 and 2             
          is met by Burgess, alone.                                                   
               Accordingly, we will sustain the rejection of claims 1 and             
                                          5                                           





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