Appeal No. 2006-1695
Application No. 10/649,277
suggestion within the prior art, or within the general knowledge
of a person of ordinary skill in the field of the invention, to
look to particular sources of information, to select particular
elements, and to combine them in the way they were combined by
the inventor." ATD Corp. v. Lydall, Inc., 159 F.3d 534, 546,
48 USPQ2d 1321, 1329 (Fed. Cir. 1998).
Although Lee teaches the need to compress picture data to
display multiple pictures simultaneously, and Kuchta teaches
storing thumbnail images along with original images, we find that
there is no reasonable teaching or suggestion from the cited
prior art why the skilled artisan would have separately selected
and saved resultant compressed images associated with multiple
original images in the film camera of Takagi absent the use of
impermissible hindsight.
For the above reasons, the examiner's rejection of
independent claims 1, 13, 28, and 39 is therefore reversed.
Since we do not sustain the examiner's rejection of independent
claims 1, 13, and 28, and since neither Kagle nor Higgins
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