Ex parte RISCH - Page 3




          Appeal No. 1998-3061                                                        
          Application No. 08/638,903                                                  


               Claims 1-13 stand rejected under 35 U.S.C. 103 as                      
          unpatentable over Brock in view of Chien.                                   
               Reference is made to the briefs and answer for the                     
          respective positions of appellant and the examiner.                         









                                       OPINION                                        


               The examiner combines Brock, dealing with a sight                      
          alignment for a chain saw, with Chien, dealing with a laser                 
          sight for a camera to help in a focusing function.                          
               We agree with appellant that these two references deal                 
          with nonanalogous arts and are, therefore, not properly                     
          combinable.  Chien, dealing with the camera arts, is clearly                
          not within appellant’s endeavor pertaining to cut measurement               
          devices for chain saws.  Moreover, Chien is not even pertinent              
          to the problem with which appellant is concerned since a laser              
          used for focusing purposes in the camera arts has no clear                  
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