Ex Parte Piontkowski - Page 2


                 Appeal No.  2007-0467                                                         Page 2                  
                 Application No.  10/646,929                                                                           
                            said hollow elongated body, a first series of bores located about the                      
                            periphery of said lens magnification changer in a common plane and                         
                            extending diametrically through said lens magnification changer, a                         
                            second series of bores located about the periphery of lens                                 
                            magnification changer in a common plane and extending diametrically                        
                            through said lens magnification changer, a lens assembly located in                        
                            each bore of said first and second series, the other of said ends of                       
                            said hollow elongated body including an objective lens, a first of said                    
                            optical paths extending through one of said oculars to one of said                         
                            prism assemblies, through one of said first series of bores of said lens                   
                            magnification changer and through said objective lens, a second of                         
                            said optical paths extending through the other of said oculars to                          
                            another of said prism assemblies, through one of said second series                        
                            of bores in said lens magnification changer and through said objective                     
                            lens, one or more light emitting diodes located in said hollow                             
                            elongated body adjacent said objective lens.                                               
                        22. A stereo microscope as set forth in claim 12, wherein said two                             
                            oculars, prism assemblies and lens magnification changer are                               
                            mounted on a base section of an internal mount located within said                         
                            hollow elongated body.                                                                     

                        The references relied upon by the examiner are:1                                               
                 Fogle      3,434,772  Mar. 25, 1969                                                                   
                 Takizawa et al. (Takizawa)   4,396,260  Aug.   2, 1983                                                
                 Yamamoto et al. (Yamamoto)  5,442,489  Aug. 15, 1995                                                  
                 Harooni et al. (Harooni)   5,841,509  Nov. 24, 1998                                                   

                                            GROUNDS OF REJECTION                                                       
                        Claims 12 and 15 stand rejected under 35 U.S.C. § 103 as being                                 
                 unpatentable over the combination of Takizawa, Yamamoto and Harooni.                                  




                                                                                                                       
                 1 The examiner also identifies Blaha et al., United States Patent No. 4,175,826, issued Nov. 27,      
                 1979; and Fukaya, United States Patent No. 5,420,716, issued May 30, 1995 as “Evidence                
                 Relied Upon.”  The examiner, however, did not rely on either reference to support the rejections      
                 presented for our review, accordingly, we did not consider these references in our deliberation.      





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