Appeal No. 95-4722
Application 07/946,226
Corp., 837 F.2d 1044, 1051, 5 USPQ2d 1434, 1438 (Fed. Cir.),
cert. denied, 488 U.S. 825 (1988); Ashland Oil, Inc. v. Delta
Resins & Refractories, Inc., 776 F.2d 281, 293, 227 USPQ 657,
664 (Fed. Cir. 1985), cert. denied, 475 U.S. 1017 (1986); ACS
Hospital Systems, Inc. v. Montefiore Hospital, 732 F.2d 1572,
1577, 221 USPQ 929, 933 (Fed. Cir. 1984). These showings by
the examiner are an essential part of complying with the
burden of presenting a prima facie case of obviousness. Note
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992).
For each of the independent claims subject to this
rejection, the examiner has presented a similar rationale in
formulating the rejection. More particularly, the examiner’s
rejection takes the position that Wah Lo teaches the claimed
method and apparatus for producing a depth image except for
the step of creating views between the captured views. The
examiner views this function as being met by the process of
interpolating between captured views. The examiner cites
Travis as a teaching that interpolation can be used to
generate additional pictures if desired. The examiner
concludes that it would have been obvious to the artisan to
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