Appeal No. 96-0908 Application 08/160,118 art and that person must be presumed to know something about the art apart from what the references expressly disclose. See In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962); In re Oetiker, 977 F.2d 1443, 1447-48, 24 USPQ2d 1443, 1446-47 (Fed. Cir. 1992) (Nies, C.J., concurring). The "art to which the subject matter pertains" in § 103 in this case is the art of computer hardware design and computer instruction set design. We find that one of ordinary skill in this art has a very high level of education, training, and experience due to the complex nature of the subject matter. One of ordinary skill in this art is presumed to have knowledge of, at least, commercial computer designs and instruction sets. Content of the prior art Diefendorff Diefendorff discloses a load/store machine for executing graphic Z-compare and pixel merge instructions. Diefendorff discloses that, in response to a Z-compare instruction, a first source operand which contains two 32-bit fields (S 0 and Z S 1) representing Z-values for two new pixels (S0, S1) is Z retrieved from register 52 and a second source operand which - 6 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007