Ex Parte Hirunuma et al - Page 7

                Appeal  2007-0016                                                                                
                Application 10/700,496                                                                           
                Appellants that convinces us of any error in the Examiner’s finding that,                        
                with respect to claim 3, Wu discloses [0004] that microphone recorded                            
                sound is associated with a digital camera captured image.  Similarly, with                       
                respect to dependent claim 4, we agree with the Examiner that Wu discloses                       
                [ 0013 and 0018-0023] that the microphone sound recording operation is                           
                performed just after the image capturing operation.  We further agree with                       
                the Examiner that, as illustrated in Wu’s Figure 1, Wu discloses that the                        
                microphone is positioned on the bottom face near the rear face location of                       
                the ocular lens (appealed claim 5) and between a pair of optical systems of                      
                the binoculars (appealed claim 6).                                                               
                       We next consider the Examiner’s 35 U.S.C. § 103(a) rejection of                           
                claim 2 in which the Hirunuma reference is added to Wu to address the                            
                claimed tripod attaching section feature.  We sustain this rejection as well.                    
                Since we agree with the Examiner, as previously discussed, that the Wu                           
                reference can be reasonably interpreted as providing a microphone on the                         
                bottom face of the binoculars, we find no error in the Examiner’s finding of                     
                obviousness to the skilled artisan of attaching a tripod to the bottom face of                   
                the binoculars to reduce hand vibrations as taught by Hirunuma.                                  
                       Turning to a consideration of the Examiner’s 35 U.S.C. § 103(a)                           
                rejection, based on the combination of Wu and Nagumo, of dependent claim                         

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