Appeal 2006-2726
Application 10/213,507
Hanamura unsatisfactory for its intended purpose. Appellants emphasize
that a stated objective of Hanamura is to provide color fundus images
generated by visible color photography. But such visible color photography,
according to Appellants, requires positioning both filters E1 and E2 out of
the optical path simultaneously to ensure transmission of unfiltered light
from both the halogen and xenon lamps 4, 6. In short, Appellants contend
that the Examiner’s proposed modification of Hanamura would result in one
filter always being in the light path, thus rendering visible color photography
in Hanamura impossible (Br. 5-6; Reply Br. 2).
We will sustain the Examiner’s rejection of independent claims 11
and 15. In short, we disagree with Appellants that positively coupling
Hanamura’s retractable filters in the manner shown by Stankewitz would
necessarily result in either one filter or the other always being in the light
path. Stankewitz discloses a pivoting rod 10 that simultaneously inserts and
retracts optical components (auxiliary condenser 6 and lens element 9) with
respect to a light path (Stankewitz, Figs. 1a-1b; col. 2, ll. 26-43). Figs. 1a
and 1b show the ultimate extent of pivoting that places either optical
component in the light path. This extent of pivoting disposes the rod 10 at
an angle with respect to the vertical axis in either orientation.
But nothing in the reference precludes a vertical orientation of the
pivotable rod 10. That is, the skilled artisan -- an electrical engineer with
several years of related industry experience -- would have recognized that
disposing the rod 10 vertically would align both optical components along a
line parallel to the rod such that at least some light from light source 1 would
be unaffected by the optical components mounted on the rod. Accordingly,
we see no reason why a commensurate pivotable insertion and retraction
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