Appeal No. 1997-0795
Application 08/087,362
obviousness, the claimed invention should be considered as a whole; there is
no legally recognizable 'heart' of the invention." Para-0rdnance Mfg. v. SGS Importer
Int'l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995), cert. denied,
519 U.S. 822 (1996), citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
On page 4 of the answer, the Examiner states that Smith discloses that the video
signals are processed using a subcarrier at an odd half line harmonic instead of using a
line harmonic subcarrier inverted from line to line as specified in claims 35 through 39 and
claims 52 through 55. The Examiner further states that Drewery discloses that a line
harmonic frequency inverted from line to line, has the same spectral properties as an odd
half line harmonic frequency. The Examiner argues that it would have been obvious to one
of ordinary skill in the art to use a line harmonic subcarrier inverted at a line rate rather than
the odd half line harmonic subcarrier of Smith in view of Drewery because they are art
recognized equivalents.
Appellants argue on page 5 of the reply brief that contrary to the Examiner's
assertion, Drewery in column 5, line 62 through column 6, line 9, do not teach that a line
harmonic frequency inverted from line to line has the same spectral properties as an odd
half line harmonic frequency. Appellants further point out that:
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