Appeal No. 96-1386
Application 08/030,937
transmitter portion of FM radio 22 to a transmit condition, as by
controlling the push-to-talk microphone switch of a typical FM
radio. Thus, we fail to find that Brown teaches or suggests an
apparatus or method of transmitting audio and video information
in which audio information is transmitted as input through a
microphone when the push-to-talk switch is asserted in a first
manner and video information is transmitted as input through a
video input device when the push-to-talk switch has been asserted
in a second manner. Furthermore, we find that Shimoda fails to
supply this missing teaching.
In addition, the Examiner has to provide more evidence than
simply establishing that the Brown system could be modified to
obtain Appellants' invention. The Federal Circuit states that
"[t]he mere fact that the prior art may be modified in the manner
suggested by the Examiner does not make the modification obvious
unless the prior art suggested the desirability of the
modification." In re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d
1780, 1783-84 n.14 (Fed. Cir. 1992), citing In re Gordon, 733
F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984). The
Examiner has not provided any evidence in the prior art that
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