Ex parte HATFIELD et al. - Page 13




          Appeal No. 96-0948                                        Page 13           
          Application No. 08/262,400                                                  


          and 40, located inside the boresighting device 10, which pass               
          or reflect beams from several sources in order to combine them              
          into a single beam.  Not only are these mirrors not adjacent                
          to the laser source, but they do not reflect the laser signal.              
          The third disclosed by Sud is mirror 54, which is located                   
          outside of the boresighting device.  Even if considered to be               
          “adjacent” to the laser source, mirror 54 acts upon the laser               
          return signal, and not the laser “designation signal,” which                
          the appellant has defined in the specification as the laser                 
          signal that is projected out to the target (pages 5-6).  We                 
          therefore cannot agree with the examiner that the subject                   
          matter of this claim is rendered obvious by the teachings of                
          Sud, and we will not sustain the rejection of this claim.                   


                                       SUMMARY                                        
               The rejection of claims 1, 2, 4, 8, 10-12, 14, 15 and 22-              
          25 as being anticipated by Sud is sustained.                                
               The rejection of claims 5-7, 9 and 16-18 as being                      
          unpatentable over Sud is not sustained.                                     
               The decision of the examiner is affirmed-in-part.                      









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