Ex Parte Piontkowski - Page 1

                           The opinion in support of the decision being entered today was not written                  
                                   for publication and is not binding precedent of the Board.                          

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                         Ex parte PAUL K. PIONTKOWSKI                                                  
                                               Appeal No. 2007-0467                                                    
                                             Application No. 10/646,929                                                
                                                     ON BRIEF                                                          
                 Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                                        
                 ADAMS, Administrative Patent Judge.                                                                   

                                              DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C.  134 from the                                
                 examiner’s final rejection of claims 12, 15, and 22-24.  Of the remaining pending                     
                 claims, claims 18 and 19 have been withdrawn from consideration as drawn to                           
                 non-elected subject matter and claims 1-11, 14, 16, 17, 20, 21, 25-28, and 30-32                      
                 are free from rejection.                                                                              
                        Claims 12 and 22 illustrative of the subject matter on appeal and are                          
                 reproduced below:                                                                                     
                        12. A microscope comprising: a hollow elongated body having opposite                           
                            ends and enclosing first and second optical paths extending through                        
                            said hollow elongated body, two oculars mounted at one of said ends,                       
                            each ocular including a lens assembly, a prism assembly in each                            
                            optical path adjacent each ocular, a lens magnification changer                            
                            rotatable mounted about an axis and located intermediate the ends of                       

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