Ex parte COOMBS et al. - Page 14




          Appeal No. 95-4152                                                          
          Application 08/042,044                                                      

               In regard to claim 7, the examiner finds that "Hanson                  
          teaches a camera attached to the helmet under the brim which                
          is pivotal in the horizontal and vertical directions for                    
          inherent directional adjustment purposes" (Paper No. 8,                     
          page 3; EA4).  Appellants argue that the examiner erred.                    
          Appellants argue that figures 10 and 11 show cantilever                     
          mounting and "[c]antilever mounting obviously is mounting for               
          pivoting in the vertical direction and not the horizontal as                
          stated by the Examiner" (Br22).  We agree with appellants that              
          Hanson does not mount the camera for rotation in the                        
          horizontal direction.  The examiner responds to appellants'                 
          argument by stating that "the basis of the rejection is that                
          it would have been obvious to pivotally attach the camera to                
          the helmet for the purpose of aligning the sight of the camera              
          to a desired line of sight" (EA13).  This reasoning changes                 
          the basis of the rejection for the horizontal rotation from it              
          being taught in Hanson to it being obvious over Hanson.  Since              
          the cameras in Hanson are either mounted on the centerline of               
          the helmet (figure 12) or mounted in front of the user's eye                
          (figure 9), there is no need for horizontal rotation because                
          the cameras look straight ahead.  Appellants' camera is                     

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