Ex parte ANDERSON et al. - Page 7

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

              problems and solutions that are taught are limited in application to light in the visible                 
              portion of the spectrum.  We thus consider appellants’ arguments with respect to the “pair                
              of tilted lens elements” to be unavailing.                                                                
                     Appellants’ next argument with respect to Claim 1 is that Schmidt ‘757 is deficient                
              in that the apparatus “moves the visible eyepiece assembly into and out of position                       
              whenever the image converter is moved into and out of position and does not use the                       
              eyepiece for both vision systems.”  (Id.)  The assertion is contrary to the disclosure of                 
              Schmidt ‘757, in particular at column 2, lines 35 through 36 and column 2, line 59 through                
              column 3, line 8, and as shown in Figure 1.  Optics 20 for daylight viewing and image                     
              converter 15 are rotatable on revolving disc 16 about axis 17, for selecting between day                  
              and night viewing.  In both cases, the image is viewed through eyepiece lens assembly 24,                 
              which is mounted on fixed tube 1.                                                                         
                     Appellants also argue that Schmidt ‘757 “uses a totally different reticle system” (id.),           
              an observation with which we agree.  Schmidt ‘757 discloses a locating marker reticle 40                  
              for a “secondary weapon” (Fig. 3), a line marker reticle 41 (Fig. 1) for the daylight viewing             
              system, and a line marker reticle 42 (Figure 4) with lamp L and separate optical system 43                
              for the nighttime viewing system.  See Schmidt ‘757, column 3, lines 59 through 70.                       
                     Appellants’ Claim 1 requires that the “night reticle display” be “positioned between               
              [the] image converter and [the] eyepiece lens assembly....”  The examiner refers to Traeger               

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