Appeal No. 2001-0177
Application 08/731,122
teach how to implement the disclosed elements. "In order to
render a claimed apparatus or method obvious, the prior art must
enable one skilled in the art to make and use the apparatus or
method." Motorola, Inc. v. Interdigital Tech. Corp. ,
121 F.3d 1461, 1471, 43 USPQ2d 1481, 1489 (Fed. Cir. 1997). We
agree with appellants that Lemelson does not describe how the
various comparisons and calculations are performed and, absent
such a teaching, cannot make obvious the steps of representative
claim 5. Lemelson does not describe working on pixels. While
Lemelson contains general language about detecting changes which
occur in time, such as a shift in position of an object or
changes in shape or color (col. 1, lines 5-17), we find no
teaching or suggestion of any of the steps of generating a signal
representing the results of a color comparison, computing the
size and shape of an object by scanning for pixels having a
predefined color, generating a signal representing the results of
a size and shape comparison, or determining the relative
positions of the object within the video field when the pixels
match the predefined color, size, and shape. We find no teaching
that the system in Lemelson automatically detects the position of
an object of predefined color, size, and shape by any method.
The examiner refers to column 4, lines 62-66, to a teaching of
obtaining coordinate locations (EA4). However, that portion of
Lemelson is directed to the user positioning a cursor, crosshair
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