Ex Parte Piontkowski - Page 1


                           The opinion in support of the decision being entered today was not written                  
                                   for publication and is not binding precedent of the Board.                          

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                                         Ex parte PAUL K. PIONTKOWSKI                                                  
                                                     __________                                                        
                                               Appeal No. 2007-0467                                                    
                                             Application No. 10/646,929                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
                 Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                                        
                 ADAMS, Administrative Patent Judge.                                                                   


                                              DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C.  134 from the                                
                 examiner’s final rejection of claims 12, 15, and 22-24.  Of the remaining pending                     
                 claims, claims 18 and 19 have been withdrawn from consideration as drawn to                           
                 non-elected subject matter and claims 1-11, 14, 16, 17, 20, 21, 25-28, and 30-32                      
                 are free from rejection.                                                                              
                        Claims 12 and 22 illustrative of the subject matter on appeal and are                          
                 reproduced below:                                                                                     
                        12. A microscope comprising: a hollow elongated body having opposite                           
                            ends and enclosing first and second optical paths extending through                        
                            said hollow elongated body, two oculars mounted at one of said ends,                       
                            each ocular including a lens assembly, a prism assembly in each                            
                            optical path adjacent each ocular, a lens magnification changer                            
                            rotatable mounted about an axis and located intermediate the ends of                       




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