Ex Parte ALEXEFF - Page 7




          Appeal No. 2001-1344                                                        
          Application No. 09/218,763                                                  


          the very least, there is no description as to how light rays  from          
          objects at 180° would be able to pass through aperture 44.                  
               After reviewing the Examiner’s analysis of the embodiment              
          illustrated in Appellant’s Figure 10, however, which includes a             
          lens 60 placed in front of aperture 44, we reach the opposite               
          conclusion as to whether a reasonable basis exists for challenging          
          the sufficiency of the disclosure with regard to the claimed                
          invention.  In discussing Appellant’s Figure 10 embodiment, th              
          ENDFIELD                                                                    
          Examiner (Answer, page 7) reasons, and we do not necessarily                
          disagree, that such structure is not capable of directing light to          
          aperture 44 beyond 180° and up to 220° as is its intended design.           
          We would point out, however, that the claimed invention does not            
          require an image viewing device which produces a field of view              
          image beyond 180° but, rather, only a device which produces a field         
          of view image of at least 180°.  With this is mind, we simply find          
          no basis provided by the Examiner for concluding that light rays            
          from an image directed through an aperture through the intermediary         
          of an optical lens would not produce an image with a field of view          
          of at least 180° as claimed.                                                
               In view of the above discussion, we find that the Examiner has         
          not established a reasonable basis for challenging the sufficiency          
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