Appeal No. 96-1457
Application No. 08/098,165
viewfinder apertures.” Appellants disclose (specification, page
7) that a plurality of viewfinder windows or apertures 28 on the
rear face 26 of the camera are “aligned with windows 20" that
hold the lenses 18 on the front face of the camera, and claim
that the plurality of viewfinder apertures are paired with
respective lenses on the front face of the camera. Figure 5 of
appellants’ drawing clearly shows a solid film of photosensitive
material 56 located between the viewfinder apertures 28 and the
plurality of lenses 18. In view of the solid film between the
apertures 28 and the lenses 18, we find that the examiner had a
reasonable basis for questioning the adequacy of appellants’
disclosure for teaching that which is set forth in claims 13 and
24. See In re Doyle, 482 F.2d 1385, 1392, 179 USPQ 227, 232
(CCPA 1973), cert. denied, 416 U.S. 935 (1974). Appellants’
response (Brief, pages 15 and 16) to the examiner’s question
concerning the adequacy of the disclosure is that:
One of ordinary skill in the art would know to put
holes or light transmitting passages in web 56 so as to
enable viewing therethrough. While it is true that
these holes or light transmitting passages in web 56
are not described in the disclosure, one of ordinary
skill in the art would nevertheless be able to practice
the invention based on the disclosure. It is to be
noted that the film is fixed relative to the camera
frame, i.e., the film is not shiftable by the user.
Accordingly, the provision of light transmission
passages in web 56 would be a simple and obvious
implementation of the invention in view of the
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