Ex parte TOH - Page 5




          Appeal No. 1997-3919                                                        
          Application 08/392,160                                                      


               an observing optical system for observing the object with              
          a reflection light of the illumination light irradiated to the              
          object by said illumination optical system;                                 
               a focus index projecting optical system for projecting a               
          light of focus index to the object to be observed;                          
               means for restricting illumination luminous flux by                    
          intermittently shutting said illumination light, which is                   
          provided in said illumination optical system;                               
               means for restricting luminous flux of focus index by                  
          intermittently shutting said focus index light, which is                    
          provided in said focus index projecting optical system; and                 
               means for detecting focus distance and direction by                    
          synthesizing synchronous timing signals of said illumination                
          luminous flux restricting means and said focus index luminous               
          flux restricting means, wherein the position of the object to               
          be observed is changed based on the signal detected by said                 
          focus detecting means.                                                      
               The references relied on by the Examiner are:                          
          Salzmann                      5,270,527                Dec. 14,             
          1993                                                                        
          Kinoshita                          02-300707                Dec.            
          12, 1990                                                                    
          (Japanese Published Application)                                            
               The specification is objected to under 35 U.S.C. § 112,                
          first paragraph, because the specification, as originally                   
          filed, does not provide support for the invention as is now                 
          claimed.  Claims 1 through 4 stand rejected under 35 U.S.C. §               


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