Ex Parte Nakano et al - Page 6



          Appeal No. 2003-1483                                                        
          Application No. 09/591,661                                                  
          tertiary mirrors 14 and 16 are arranged along a central axis 26             
          (col. 2, lines 41-54).  Cook further offsets the field of view of           
          the tertiary mirror 14 to obtain images to the left of the                  
          primary mirror 10 by 0.15° (col. 3, lines 65-68) while the field            
          of view of the tertiary mirror 16 is offset to the right of the             
          primary mirror 10 by 0.5° (col. 4,lines 3-8).  Therefore, Cook              
          moves the images from each other and from the axis by offsetting            
          the field of view merely to insure complete separation of the two           
          images and their processing (col. 4, lines 9-19).                           
               Therefore, we agree with Appellants (brief, pages 6-13) that           
          Cook’s changing the focal lengths and/or fields of view merely              
          facilitates generation of plural images and has nothing to do               
          with suppressing astigmatism.  Therefore, one of ordinary skill             
          in the art would not have tilted or decentered the center of                
          curvature of the tertiary mirror in a direction of lesser                   
          astigmatism merely because Cook separates the fields of view of             
          the two tertiary mirrors for forming different images.  We also             
          find the Examiner’s reliance on the table in column 4 listing               
          decenter values for the tertiary mirrors 14 and 16, at best,                
          speculative since there is no clear explanation for the values              
          listed and whether they are decentered in a direction of lesser             
          astigmatism, as recited in claim 1.                                         

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