Ex Parte Piontkowski - Page 3


                 Appeal No.  2007-0467                                                         Page 3                  
                 Application No.  10/646,929                                                                           
                        Claims 22 and 23 stand rejected under 35 U.S.C. § 103 as being                                 
                 unpatentable over the combination of Takizawa, Yamamoto and Harooni and                               
                 Fogle.                                                                                                
                        We reverse.                                                                                    


                                                    DISCUSSION                                                         
                 Claim Construction:                                                                                   
                        For clarity we reproduce appellant’s Figures 1 and 2 below.                                    












                        Claim 12 is drawn to a microscope.  The microscope comprises a hollow                          
                 elongated body 26 having two ends.  Two oculars 27 are mounted at one of the                          
                 ends of the hollow elongated body 26.  Each ocular includes a lens assembly 28,                       
                 a prism assembly 31 in each optical path adjacent each ocular.  The other end of                      
                 the hollow elongated body 26 includes an objective lens 32.  Adjacent to the                          
                 objective lens 32 and located in the hollow elongate body 26 are one or more                          
                 light emitting diodes (LEDs) 43.  In addition, a lens magnification changer 33 is                     
                 rotatively mounted about an axis and located intermediate the ends of said                            






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