Ex Parte Glenner et al - Page 7


               Appeal 2007-1089                                                                             
               Application 10/348,277                                                                       
                      Issue 1. We find the combination of Yao and Fielder teaches                           
                                  and/or suggests receiving and annotating a plurality of                   
                                  media objects, generating a new media object, and                         
                                  embedding a first media object into a second media                        
                                  object (See Analysis infra).                                              
                      Issue 3. We find the combination of Anderson and Fielder                              
                                  teaches and/or suggests selecting one or more portions of                 
                                  a visual object and an audio object, adding the selected                  
                                  portions to a bin component, embedding the selected                       
                                  audio portions into the selected visual portions, and                     
                                  generating a new media object via the combined portions                   
                                  (See Analysis infra).                                                     

                      For Issues 2 and 4, we make the following underlying factual                          
               determinations regarding the ultimate issue of obviousness as a matter of                    
               law: 1                                                                                       

                      Issue 2. We find a person of ordinary skill in the art at the time of                 
                                  the invention would have reasonably been motivated to                     

                                                                                                           
               1 With respect to the Examiner’s obviousness rejections, we note that the                    
               ultimate issue of obviousness is a matter of law that turns on four underlying               
               factual determinations: (1) the scope and content of the prior art, (2) the                  
               level of ordinary skill in the art, (3) the differences between the claimed                  
               invention and the prior art, and (4) objective indicia of nonobviousness.  See               
               Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966),                       
               as reaffirmed by KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727, 1734, 82                   
               USPQ2d 1385, 1391 (2007).                                                                    

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