Appeal No. 1997-1766
Application No. 08/245,033
designed to have those characteristics. Appellant argues that
there is no reason to conclude that one of ordinary skill in
the art aware of the four-unit, three-unit or two-unit fixed
focal length lenses in which middle length units or a rear
lens unit are decentered for image stabilization would have
found it obvious to decenter the second lens unit of a
particular five-unit zoom lens in order to achieve effective
image stabilization, while maintaining desired optical and
physical characteristics. Appellant points out that the
specification discloses that the Appellant has discovered that
it is necessary to decenter only the second of the five lens
units. Appellant points out that the prior art has not
recognized that by decentering only the second of the five
lens units in a zoom lens embodiment makes it possible to
retain the compactness, excellent optical performance, large
zoom ratio and other desirable characteristics of the five-
unit construction and yet to provide highly effective image
stabilization.
The Federal Circuit states that "[t]he mere fact that the
prior art may be modified in the manner suggested by the
Examiner does not make the modification obvious unless the
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