Appeal No. 2004-0012
Application No. 10/057,614
expressed in the Answer, and we add the following primarily for
emphasis.
There is no dispute that the retractable lens of the digital
imaging device disclosed by Tatsuzo is not configured to stay in
the extended position when the power-on status of the device is
changed to either on or off. However, there is also agreement
that the digital imaging device of Tatsuzo allows for turning the
device off without moving magnification and focusing lenses. To
wit, appellants acknowledge that "Tatsuzo also teaches powering
down a digital imaging device without moving internal
magnification and focusing lenses 402 and 403, respectively
(Fig. 10, steps 503-506; column 15, lines 39-50; column 16,
lines 28-51)" (sentence bridging pages 3 and 4 of principal
brief). It is appellants' contention that Tatsuzo teaches away
from the claimed imaging device because where the reference
describes a retractable lens, it describes movement of the lens
at the time of a power varying action and, secondly, where the
reference describes not moving or adjusting a lens during
powering down, the foremost lens is not retractable.
We do not subscribe to appellants' reasoning. In our view,
inasmuch as one of ordinary skill in the art appreciates from
Tatsuzo that movable lenses may be rendered stationary when the
power is turned off, one of ordinary skill in the art would have
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