Ex parte ANDERSON et al. - Page 6

              Appeal No. 1998-0160                                                                                      
              Application No. 08/529,330                                                                                

              that the corrector lens includes “a pair of tilted lens elements to compensate for                        
              astigmatism,” as set forth in Claim 1.                                                                    
                     Schmidt ‘757 discloses that light entering the viewing device first enters opening 10              
              and is reflected downward by mirror 9 (Figs. 1 and 4), through optical elements 11 and 22                 
              which are deemed in the rejection to be the “night light corrector lens” and the “daylight                
              objective lens,” respectively.  The Buchroeder article, in particular at the second and third             
              full paragraphs of the second column on page 2169, teaches that tilting of elements off axis              
              creates defects, including astigmatism, which may be compensated for by adding                            
              additional tilted elements, with greater numbers of additional tilted elements compensating               
              for a greater number of defects.  The principle is explicitly stated to be not limited to “tilted         
              component telescopes,” but relevant to “an ordinary optical system, such as a                             
              microscope.”  We find that the combined teachings would have suggested to the artisan                     
              the improvement that the mirror 9 of Schmidt ‘757, which reflects the light to the side or off-           
              axis as the terms are used in Buchroeder, should be compensated by replacing night light                  
              corrector lens 11 with at least two (“a pair” of) lens elements which are tilted.   Night light           
              corrector lens 11 is that element which is nearest the off-axis reflection from mirror 9.  We             
              note that Schmidt ‘757 discloses the nighttime viewing optics as being designed for                       
              infrared viewing.  Appellants point to nothing in Buchroeder which suggests that the                      

                     Whether there was also suggestion to replace the daylight objective lens is not now3                                                                                                 
              relevant, since such is not disclosed or claimed by appellants.                                           
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