Appeal No. 1998-0524
Application No. 08/522,067
contained in such teachings or suggestions. In re Sernaker,
702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).
"Additionally, when determining obviousness, the claimed
invention should be considered as a whole; there is no legally
recognizable 'heart' of the invention." Para-Ordnance Mfg. v.
SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237,
1239 (Fed. Cir. 1995) (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)).
The Examiner indicates that Ando teaches the claimed
invention except for explicitly disclosing the technique of
performing the operations on packed data. However, since it
is well known to use packed data formats to improve
efficiency, as evidenced by Shipnes, the Examiner concludes
that it would have been obvious to have used a packed data
format in Ando to more efficiently process data, e.g.,
multimedia data. (Final rejection, paper no. 9 and paper no.
7.)
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