Appeal No. 96-0948 Page 6
Application No. 08/262,400
that both of Sud’s boresight target signals (red light 34 and
near infrared 38) are externally generated, rather than
internally generated, as required by claim 1. We do not
agree. According to Sud, Figure 1 shows a polychromatic
boresighting device and Figure 2 shows “a possible arrangement
of the different elements of a sighting apparatus including a
device such as shown in FIG. 1" (column 2, lines 39-44,
emphasis added). As we understand the Sud disclosure, a
boresighting device that generates three signals of different
wavelengths (10) is shown in detail in Figure 1, and in
combination with the actual fire control system in Figure 2
(where it clearly has erroneously been labeled with the
numeral 12). From our perspective, the Sud boresighting
component is a boresight target generation means, and it is
“internal” in the same sense as the appellants’ invention in
that it does not rely upon signals generated from outside the
fire control system, such as beams aimed down the telescope
from an externally positioned source. This being the case, we
are not persuaded by the appellants’ argument that the subject
matter recited in claim 1 is not anticipated by Sud, and we
will sustain the rejection.
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