Appeal No. 1998-0878
Application No. 08/322,749
to provide the Hosio arrangement in Suwa because Suwa teaches
away from the need for a separate focusing arrangement [brief,
pages 9-12].
We agree with appellants. Although the concepts of
horizontal adjustment for pupil distance and vertical
adjustment for focusing are individually known, the examiner’s
proposed combination of Suwa and Hosio makes no sense. First,
as pointed out by appellants, the image display means (33) of
Suwa are simply not movable with respect to the optical visual
units (22A and 22B). The examiner’s attempt to find implied
focusing in Suwa is unsupported by the disclosure of Suwa.
The Suwa device is designed to have a constant focal length of
about 20 mm. Any attempt to adjust the focus of the optics in
Suwa would defeat the very purpose of Suwa’s invention. Thus,
we agree with appellants that there is no basis for combining
the teachings of Suwa and Hosio in the manner proposed by the
examiner.
Hosio also fails to teach independent movement of an
image display means with respect to respective optical visual
units. The image display means in Hosio is outside the
spectacle apparatus. Only the reflected image in Hosio is
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