Appeal No. 1997-1008
Application No. 08/328,394
at the same time. Preston’s teachings are combined with
Aisaka’s in order to provide the advantages of Aisaka’s
identification of selected areas within still images to moving
images and this combination is combined with the teachings of
Tonomura in order to expand the applicability to a plurality
of moving images.
The examiner’s rationale does not appear, to us, to be
unreasonable. It appears that a prima facie case of
obviousness has been made out by the examiner since the
various teachings of the prior art appear to have suggested
the claimed subject matter, as explained by the examiner.
Thus, the burden has shifted to appellants to overcome the
prima facie case via arguments or some objective evidence
tending to show nonobviousness of the claimed subject matter.
Appellants argue that the video icons of Tonomura are
simply a moving video version of conventional computer icons
and that there is no discussion or suggestion in Tonomura of
having selection of different locations of a frame of a video
icon result in different actions occurring. This is true, but
Aisaka is relied upon for the teaching of a selection of
different locations of an image resulting in different actions
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