Ex Parte PARK - Page 12




          Appeal No. 2004-0123                                                        
          Application No. 09/118,922                                Page 12           


          data."  As is clear from our review of the prior art, subtitle              
          data is related to the video data.  If not, the subtitle data               
          would not be provided.  The fact that the subtitle data is                  
          related to the video data is not a reason to combine the                    
          teachings of Tsukagoshi with Fujita and Daum because the reason             
          to combine the teaching of Fujita, Daum and Tsukagoshi, to arrive           
          at appellant's invention, comes not from the prior art, but from            
          appellant's disclosure.                                                     
               From all of the above, we find that although the examiner              
          has located all of the elements of the claimed invention in the             
          prior art, that because none of the references is directed to the           
          problem that appellant is solving, and do not suggest a different           
          reason for combining the teachings of the references, we find               
          that the only suggestion to combine the references comes from               
          appellant's own disclosure and appellant's teaching of how to               
          solve the problem decoding video data and sub-picture data                  
          simultaneously at high speed by “skipping the current display               
          control sequence if the updated system clock reference value is             
          greater than the command executing start time.”                             
               Obviousness may not be established using hindsight or in               
          view of the teachings or suggestions of the inventor.  Para-                
          Ordnance Mfg. v. SGS Importers Int’l, 73 F.3d 1085, 1087,                   







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