Appeal No. 1998-1110
Application No. 08/391,263
prior art suggested the desirability of the modification." In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902,
221 USPQ 1125, 1127 (Fed. Cir. 1984). "Obviousness may not be
established using hindsight or in view of the teachings or
suggestions of the inventor." Para-Ordnance, 73 F.3d at 1087,
37 USPQ2d at 1239, citing W. L. Gore & Assocs., 721 F.2d 1551,
1553, 220 USPQ 311, 312-13.
Upon a review of the references relied upon by the
Examiner, we fail to find any suggestion or reason to
aggregate a set of first aggregates into second aggregates,
wherein each second aggregate includes a copy of more than one
first aggregate. At most, the Daher reference would have
motivated the person having ordinary skill in the art to
perform a single step of aggregating a plurality of picture
elements into a first aggregate. None of the other references
relied upon by the Examiner suggest the desirability of
performing a second aggregation. The Examiner has failed to
respond to Appellants' challenge of his taking official notice
that Nickerson et al.'s data compression scheme is equivalent
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