PHILLIPS et al. V. OWEN et al. - Page 2





               Interference No. 103,357                                                                                           


               Before URYNOWICZ, PATE and MARTIN, Administrative Patent Judges.                                                   
               URYNOWICZ, Administrative Patent Judge.                                                                            


                                        FINAL DECISION UNDER 37 CFR § 1.658                                                       
                              The invention at issue in this interference relates to a corrector lens assembly for                
               reducing axial chromatic aberrations. The particular subject matter in issue is illustrated by count               
               1, the sole count, as follows:                                                                                     
               Count 1                                                                                                            
                              In an optical device having an optical arrangement that creates known axial                         
               chromatic aberrations in light of a desired spectral range, a corrector lens assembly for reducing                 
               said axial chromatic aberrations, comprising:                                                                      
                              a plurality of lens elements having dissimilar refractive properties and having given               
               dimensions, said lens elements arranged along an optical axis with said lens elements being                        
               substantially afocal for wavelengths of light in a mid-region of said spectral range, whereby light                
               in said region entering said lens elements emerges from said lens elements in a substantially                      
               parallel direction, while wavelengths of light other than in said mid-region are refracted, in such a              
               manner, to counteract said axial chromatic aberrations.                                                            
                              The claims of the parties which correspond to this count are:                                       
                              Phillips et al. (Phillips)      :  Claims 1-3 and 7-11                                              
                              Owen, Jr., et al. (Owen)   :  Claims 38-45                                                          
                              U.S. patent 5,157,553 to Phillips (‘553 patent) issued October 20, 1992.  On June                   
               14, 1993, Owen added claims 38-45 to its involved application S.N. 08/017,875 (‘875                                
               application) to provoke an interference with Phillips.  This proceeding was declared on April 21,                  

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