Ex parte TOMINAGA et al. - Page 4




          Appeal No. 96-3994                                                          
          Application 08/260,485                                                      



               With respect to the language of independent claims 1 and               
          4 on appeal, “the full open aperture diameter thereof being                 
          constant as the focal length varies so that the full open                   
          aperture value thereof is varied,” it is stated by the                      
          examiner as not being understood.  At page 6 of the answer,                 
          the examiner additionally questions the language of another                 
          clause, the first decision means clause of claim 1, which is                
          stated to determine “the extent to which the aperture diameter              
          is capable of being controlled toward an opening direction.”                
          This is urged by the examiner as implying that the diameter is              
          not held constant.  Thus, there was stated to be an apparent                
          inconsistency.                                                              
               We reverse this rejection because the examiner's position              
          is easily answered by an understanding of the specification as              
          filed.  In the summary of the invention at page 3 of the                    
          principal brief on appeal, appellants attempt to correlate the              
          features of claim 1 to certain portions of the written                      
          description as originally filed.  To these portions specified,              
          we add the following: The discussion of Figures 9 and 10 at                 
          pages 12 and 13 and, most importantly, the discussion of                    

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