Appeal No. 2007-0467 Page 6
Application No. 10/646,929
member 21 is manipulated for rotation, the variable power lenses
12a, 12b and through-apertures 22a, 22b defined on the rotary
member 21 are alternatively inserted into the optical path for
observation and photography.
Takizawa also teaches an illumination system 1 that is separated from the hollow
tubular structure of the microscopic system and includes a light source 3 for
observation and a second light source 4 for photography.
According to the examiner, Takizawa discloses a “stereomicroscope
having an illuminating system and a variable magnification system . . . [that]
meets all of the features of the inventive device except” that it does not teach the
use of an LED light source or locating the light source in the hollow elongated
body adjacent the objective lens. Answer, page 4. The examiner relies on
Harooni and Yamamoto to make up for these deficiencies in Takizawa.
Specifically, the examiner relies on Harooni to teach the use of a light
emitting diode in an ophthalmoscope. Answer, pages 4-5. According to the
examiner, it would have been prima facie obvious to a person of ordinary skill in
the art at the time the invention was made to modify Takizawa to use a LED light
source as taught by Harooni. Answer, page 5. However, as appellant points out,
while Harooni teaches the use of a LED light source, Harooni’s light source is not
located in the hollow elongated body but instead is offset from the main viewing
housing (e.g., the hollow elongated body). Brief, page 9. Accordingly, Harooni’s
light emitting diode is not located adjacent the lens as is required by appellant’s
claimed invention. Id.
Yamamoto teaches a magnifying observation apparatus wherein an image
of an object is picked up by an image pick-up apparatus and reproduced on a
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