Ex parte MIZOGUCHI et al. - Page 8




          Appeal No. 1998-0878                                                        
          Application No. 08/322,749                                                  


          adjusted to achieve focusing.  In Suwa as well as in the                    
          claimed invention, the image display means (liquid crystal                  
          display) is located within the optical visual unit of the                   
          head-mounted display apparatus.  Thus, the claimed invention                
          recites independent movement of the display means and not the               
          optics associated with the display means.  Thus, even if the                
          teachings of Suwa and Hosio could be combined in a logical                  
          manner, the invention as recited in claim 10 still would not                
          result.                                                                     
          In summary, the examiner’s analysis of the teachings of                     
          Suwa and Hosio is incorrect, and the proposed modification of               
          Suwa with the teachings of Hosio would defeat the purpose for               
          which Suwa was designed.  Therefore, we will not sustain the                
          rejection of claims 2-4, 8-10, 12, 13, 18-21 and 24-27 which                
          stand or fall together as a single group.                                   
          Although claims 5, 11, 14, 15, 28 and 29 are argued                         
          separately, these claims either depend from claim 10 or                     
          contain the same recitations of claim 10 discussed above                    
          (independent claim 28).  Since the limitations of claim 10 are              
          also included in each of these claims, we do not sustain the                


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