Interference No. 103,534
URYNOWICZ, Administrative Patent Judge.
FINAL DECISION UNDER 37 CFR § 1.658
The invention at issue in this interference relates to a collimator assembly for an
optical device. The particular subject matter in issue is illustrated by count 1, the sole count, as
follows:
Count 1
In an optical device having a single source image viewed, with binocular vision,
from a first and second eyepiece assembly, a collimator assembly comprising:
a focusing lens assembly for re-imaging said source image at a substantially
infinite conjugate; and
a dual decentered corrector lens assembly for creating two optical paths in said
collimator assembly, each said optical path being substantially optically aligned with an
associated eyepiece assembly, wherein said corrector lens assembly includes at least one
optical element along each of said optical paths that is substantially afocal to wavelengths in a
mid-region of a desired spectral region and refracts wavelengths outside said mid-region to
reduce axial chromatic aberrations in each said eyepiece assembly.
The claims of the parties which correspond to this count are:
Phillips et al. (Phillips) : Claims 1-6, 8 and 9
Owen, Jr., et al. (Owen) : Claims 46-53
U.S. patent 5,223,974 to Phillips (‘974 patent) issued June 29, 1993. On July 21,
1994, Owen added claims 46-53 to its involved application S.N. 08/017,875 (‘875 application)
to provoke an interference with Phillips. This proceeding was declared on December 14, 1994
2
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