Appeal No. 1997-3919
Application 08/392,160
been led to the claimed invention by the express teachings or
suggestions found in the prior art, or by implications
contained in such teachings or suggestions. In re Sernaker,
702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).
"Additionally, when determining obviousness, the claimed
invention should be considered as a whole; there is no legally
recognizable 'heart' of the invention." Para-Ordnance Mfg. v.
SGS Importers Int'l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237,
1239 (Fed. Cir. 1995), cert. denied, 519 U.S. 822 (1996),
citing W.L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984).
On page 12 of the brief, Appellant argues that neither
Kinoshita nor Salzmann teach or suggest an index projecting
optical system for projecting index for focus by luminous flux
having wavelength of a visible area, the luminous index
projecting optical system having projecting luminous flux at
least a part of which is common with the wavelength of
luminous flux of said illuminating optical system as required
by claim 1.
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