Appeal No. 94-2716
Application 07/764,775
The focus of the examiner=s reasoning in the answers is that
essentially all that is necessary to show anticipation is the
structure that may be correlated from a reference to a claim.
However, the above noted case law requires that the structure
must be capable of performing the recited functions as well.
When the fixed outer lens barrel 2 of Figure 3 is considered
against the perspective view in Figure 1, it is seen that there
is a relatively short distance between the camera body 1 and
the fixed outer lens barrel 2. Fujita=s written description
does not discuss the guide rods shown in Figure 3 to which the
examiner refers as a basis of his rejection and the figures do
not label them. To achieve the wide-angle or telephotographic
mode operations in the Figure 1 and 3 embodiment of Fujita, the
movable inner lens barrel 3 is thrust to a fully forward or
fully backward position; both of which positions require the
support lugs 3b to be abutting against the inner surfaces of
the fixed outer lens barrel 2. In such fixed positions, we do
not understand Fujita as being sufficiently flexible to be
elastically deformable to dampen shocks. Further, assuming
there is a fixed, or stopped, intermediate position within the
fixed outer lens barrel 2 for the movable inner lens barrel 3
4
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Last modified: November 3, 2007