Appeal No. 2005-1201 2
Application No. 09/883,357
an objective housing, said objective housing holding said stereo objective and said
compound objective, said objective housing enabled to swap said stereo objective with
said compound objective or said compound objective with said stereo objective in a
viewing path of the microscope;
a microscope body;
a light for providing brightfield illumination for use with both said stereo and
compound objectives; and
a light for providing fluorescent illumination for use with both said stereo and
compound objectives.
The references relied on by the examiner are:
Fehr et al. (Fehr) 4,697,893 Oct. 6, 1987
Koyama et al. (Koyama) 6,226,118 May 1, 2001
(filed June 16, 1998)
Claims 1, 7 through 9 and 20 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Fehr in view of Koyama.
Reference is made to the briefs and the answer for the respective positions of the
appellant and the examiner.
OPINION
We have carefully considered the entire record before us, and we will reverse the
obviousness rejection of claims 1, 7 through 9 and 20.
We agree with the examiner’s findings (answer, page 3) concerning the microscope
objective lens teachings of Fehr. Appellant has not challenged the examiner’s finding that
Fehr discloses a stereoscopic objective lens system 8 and a binocular lens system 9
mounted on a slide 11 that slides each of the two lens systems into and out of the viewing
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