HOSHINO et al V. TANAKA - Page 23




          Interference No. 103,208                                                    
          Hoshino et al. v. Tanaka                                                    

               corrected con- version coefficient K is determined                     
               in accordance with a second order curve that                           
               produces the same value of K for -ÎBf as for +ÎBf.                     
               (3) (pages 4-5) By employing two (or more)                             
               correction coefficients in determining the corrected                   
               conversion coefficient, improved focusing accuracy                     
               is obtained, since the corrected conversion                            
               coefficient (K) can be calculated more precisely.                      
               (Page 5) More accurate focusing can be achieved                        
               with such a formula [a first order and a higher                        
               order term of the detected amount of defocus, having                   
               respective first and second correction                                 
               coefficients], because the corrected conversion                        
               coefficient can be calculated more precisely when                      
               accounting for the fact that the relationship                          
               between the corrected conversion coefficient and the                   
               detected amount of defocus is not entirely a                           
               straight-line relationship in some lens systems.                       
               We have many problems with Hoshino’s arguments and                     
          evidence, as was presented in motion H2, in support of the                  
          contention that each of the proposed new counts 2, 3, and 4,                
          represents a separately patentable invention, i.e., an                      
          invention that is patentably distinct, from count 1.                        
               An expert’s affidavit, if it presents mere conclusions                 
          and few facts to buttress the opinions proffered, fails in its              
          purpose, and is entitled to little weight.  See, e.g., In re                
          Brandstadter, 484 F.2d 1395, 1406, 179 USPQ 286, 294 (CCPA                  
          1973).  Note also the following statement of the Court of                   
          Appeals for the Federal Circuit in Rohm and Haas Co. v.                     
                                       - 23 -                                         





Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next 

Last modified: November 3, 2007