Ex parte ITO et al. - Page 17




          Appeal No. 96-2953                                                          
          Application 08/258,565                                                      


                    detectors as the movable body moves”.                             
                    It is agreed that a condensing lens is a well                     
                    known device but the Examiner has utilized                        
                    hindsight based on the present                                    
                    specification to reach the conclusion that                        
                    the use of a condensing means would help                          
                    make the measurements for position more                           
                    accurate since such a conclusion is neither                       
                    taught nor suggested in any of the cited                          
                    references.  (Brief at page 18.)                                  
                    Looking at claim 16 we see the claimed condensing                 
          lens recited as “a first condenser which is attached to the                 
          movable body, said first condenser condensing the collimated                
          beam;”.                                                                     




















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