Appeal No. 1998-0147
Application 08/446,278
directed to a storage medium rather than to a replay unit
with built-in memory (RBr2-3).
We agree with the Examiner that it would have been
obvious to one having ordinary skill in the art to make the
memory card integral with the replay unit in Kramer. It is
not necessary that the references expressly suggest the
modification. Obviousness is determined through the eyes of
one of ordinary skill in the art to which the subject matter
pertains. 35 U.S.C. § 103(a). One of ordinary skill in the
art 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 motivation, suggestion or teaching to
modify may be found in explicit or implicit teaching within
the references themselves, from the ordinary knowledge of
those skilled in the art, or, in some cases the nature of
the problem to be solved. See In re Rouffet, 149 F.3d 1350,
1355, 47 USPQ2d 1453, 1456 (Fed. Cir. 1998).
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