Ex Parte Spears et al - Page 4




               Appeal No. 2006-2572                                                                                  
               Application No. 10/437,569                                                                            

               the examiner has set forth a proposed motivation to extend the optical path of the optical            
               system without significantly enlarging the device dimensions as taught by Graber and to               
               provide optical features as appropriate depending on the desired optical path length and              
               device dimensions (Answer 4).  We agree with the Examiner’s statement of motivation of the            
               combination of the teachings, and we find no specific field of endeavor or intended use               
               which limits the environment of the claimed invention.  Therefore, we find that the Examiner          
               has not been unreasonable in the claim interpretation or in the statement of the reasons for          
               the combination of teachings.                                                                         

                      From our review of the teachings of Feng, we find that Feng is concerned with the              
               adaptation of the smaller bar code reading system to use conventional/commercially                    
               available components (Feng at col. 1).  Similarly, Graber is concerned with limiting the size         
               of the physical device.  We find the Examiner’s rationale for the combined teachings with             
               respect to “An assembly for an image capture device” as recited in the instant claim language         
               to be reasonable.  Therefore, we do not find Appellants’ argument to the combination to be            
               persuasive.                                                                                           

                      Appellants argue in the Reply Brief that the Examiner has failed to provide any                
               indication of the structure in Feng that would result from the proposed modification of Feng          
               (Reply at 4).  We disagree with Appellants, and we find that the Examiner correlated the              
               spacer in the statement of the rejection to element 420 which is the integrated lens and              




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