Appeal No. 1998-0678 Application No. 08/411,299 Up Display (HUD) but it is a single image being displayed. We would agree with appellants with their assessment of Burgess and we disagree with the examiner that page 2 of the instant specification admits that HUD and HMD devices are devices that combine images. The cited portion of the specification only states that HUD and HMD devices “rely on optical combiners to join image information generated by a computer to augment a scene being viewed.” It does not say, necessarily, that the HUD and HMD devices are, themselves, the combiners. However, appellants set forth a more convincing line of reasoning for obviousness, at page 5 of the brief, than does the examiner. That is, appellants concede, and we agree, that the pilot’s eye, in Burgess, provides the second “vision system” having the second perspective view of the scene which forms an image. Even though, as appellants state, “the spirit of Burgess is quite different than the spirit of Applicants’ invention” [brief-page 5], the pilot’s eye being a second vision system, the broad language of independent claims 1 and 2 is met by Burgess, alone. Accordingly, we will sustain the rejection of claims 1 and 5Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007