Ex parte ANDERSON et al. - Page 9

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

                     For the same reasons, we cannot sustain the rejection of Claim 2-4, 6, 7, 9, 14, and               
              15, since those claims contain at least the limitations of Claim 1.                                       

              Claims 5-7, 9                                                                                             
                     The rejection adds the teachings of Owen to the combination of references applied                  
              against base Claim 1.  Since Owen does not remedy the deficiencies in the rejection with                  
              regard to Claim 1, we do not sustain the rejection of Claims 5-7 and 9.                                   

              Claims 10-12, 16-26                                                                                       
                     Appellants argue, in defense of Claim 16:                                                          
                     The combination...includes a laser and a laser beamsplitter for receiving a                        
                     laser beam from the laser thereon, and directing the beam through the day                          
                     objective lens which is not taught by the Schmidt ‘757 patent nor any of the                       
                     cited prior references in an integrated system of this type.                                       
              (Brief, page 15.)                                                                                         
                     The examiner refers, on page 5 of the Final Rejection, to Schmidt ‘905, Iizuka, and                
              Hatfield for suggestions in the prior art with regard to the addition of a laser rangefinder              
              system to a day and night sighting system.                                                                

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