Ex parte ISHII - Page 2




              Appeal No. 1999-1656                                                                                        
              Application No. 08/638,759                                                                                  

                                                    BACKGROUND                                                            
                     The invention is directed to an optical system having an element for attenuating                     
              diffraction light of order other than that necessary for forming an image.  Claim 1 is                      
              reproduced below.                                                                                           
                     1.     An optical system for forming an image of an object, the optical system                       
                     comprising:                                                                                          
                            at least one diffraction optical element for receiving light from the object and              
                     for diffracting the light from the object to produce first diffraction light of a given              
                     order and second diffraction light of at least one order other than the given order;                 
                            at least one refraction optical element in series with the at least one                       
                     diffraction optical element; and                                                                     
                            a diffraction light selection element, arranged in series with the at least one               
                     diffraction optical element and the at least one refraction optical element, for                     
                     receiving the first diffraction light and the second diffraction light, transmitting the             
                     first diffraction light and attenuating the second diffraction light.                                
                     The examiner relies on the following references:                                                     
              Nose                                       4,539,482                    Sep.  3, 1985                       
              Hugle et al. (Hugle)                       5,517,279                    May 14, 1996                        
                                                                              (filed Aug. 30, 1993)                       
                     Claims 2, 5, and 6 stand rejected under 35 U.S.C. § 102 as being anticipated by                      
              Nose.                                                                                                       
                     Claims 1-12 stand rejected under 35 U.S.C. § 103 as being unpatentable over                          
              Hugle and Nose.                                                                                             




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