Appeal No. 2005-1201 3
Application No. 09/883,357
path of the microscope. The examiner acknowledges (answer, page 3) that Fehr does not
disclose that “the microscope has an illumination system [that] comprises a light
transmitted system and a fluorescent system.” Turning to Koyama, the examiner states
(answer, pages 3 and 4) that “in the embodiment described in column 14 and shown in
figure 12, Koyama et al disclose a microscope having an illumination system [that]
comprises 1) a light transmitting illumination (63) for providing a bright illuminating pattern
to an object, and a fluorescent illumination system (56) for providing excited light to
activate fluorescent illumination in the object, and 2) a mechanism (8) supporting different
objective lens systems in which a particular objective lens system is selectably inserted
into the viewing path of the microscope.” These findings by the examiner have not been
challenged by the appellant.
The examiner is of the opinion (answer, page 4) that “it would have been obvious to
one skilled in the art at the time the invention was made to modify the microscope having
an objective lens changer provided by Fehr et al by using an illumination system having
both a light transmitted illumination system and a fluorescent illumination system, and a
motorized mechanism as suggested by Koyama et al for the purpose of automation [of] the
switching of the different objective lens systems in either a bright illumination or a
fluorescent illumination.”
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