Appeal No. 97-1142
Application 08/260,831
Trumbull ‘256 does not specifically teach a 3-D digital video
image means as set forth in claim 1. The examiner has taken the
position, however, that “laser video disc players to produce 3-D
pictures are already commercially available and very well known
in the art” (final rejection, page 3). In this regard, the
examiner further states:
[A]ttention is directed to page 1 of this application,
[sic, .] Applicants admitted that the use of 3-D
technology is well known in the art and that is [the]
reason why the examiner did not cited [sic] a reference
teaching of such technology. Also, it is well known in
the art that the 3-D video player utilizes digital
technology. Therefore, it is submitted that the
Trumbull [’256] reference and the disclosure of this
application are clearly suggestive of the claimed
invention for the reasons as set forth above. This
[is] all that is required to support a prima facie
legal conclusion that the claimed invention would have
been obvious to one of ordinary skill in the art.
[final rejection, page 4]
Appellants’ Position
Appellants contend that the examiner’s assertion that laser
video disc players to produce 3-D pictures are commercially
available and very well known in the art
is neither supported by the disclosure of Trumbull nor
. . . by cited prior art. In fact, the Examiner has
made a fully unsupported assertion of obviousness . . .
and refuses to cite prior art supporting the assertion
of obviousness.
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