Appeal 2007-1089
Application 10/348,277
person’s skill. KSR International Co. v. Teleflex Inc., 127 S.
Ct. at 1731, 82 USPQ2d at 1389.
This reasoning is applicable here. As the Examiner has pointed out,
Yao and Fielder each teach the use of audio and video in combination, and
Fielder explicitly teaches embedding audio into video frames (see Fielder,
col. 14, ll. 43-47; see also Answer 20). Therefore, we conclude that
modifying Yao with the teachings of Fielder would have been a predictable
variation of prior-art elements according to their established functions.
Given the ubiquitous nature of audio-visual media (as taught by both Yao
and Fielder), we find common sense dictates that such modification would
have been well within the level of knowledge possessed by a person having
ordinary skill in the art.2
Issue 3 (elements)
We decide the question of whether the combination of Anderson and
Fielder teaches 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.
2 See KSR, 127 S. Ct. at 1732, 82 USPQ2d at 1390 (“When there is a design
need or market pressure to solve a problem and there are a finite number of
identified, predictable solutions, a person of ordinary skill in the art has good
reason to pursue the known options within his or her technical grasp. If this
leads to the anticipated success, it is likely the product not of innovation but
of ordinary skill and common sense.”).
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