Appeal No. 1999-0289
Application No. 08/336,690
find anything unobvious about recording such information on the
conventional DAT. As presented by appellant, it would appear, at
best, that appellant has found a new, but obvious, use for an old
storage medium.
Thus, none of appellant’s arguments are persuasive to us of
the nonobviousness of the instant claimed subject matter and they
do not overcome what we perceive to be a prima facie case of
obviousness established by the examiner.
We turn to the objective evidence, in the form of the Koike
declarations, and view, anew, all of the evidence together with
the claimed subject matter as a whole.
We do not agree with the examiner in giving little weight to
the declarations “because declarant has only graduated from high
school” [Paper No. 67]. We are convinced, from the statements at
pages 1-3 of the supplemental declaration, that Mr. Koike, by
reason of his education, vocation, technical background and
status as a co-patentee on at least nine U.S. patents dealing
with medical imaging, is at least one of ordinary skill in this
art.
After a thorough review of the specification and the claims,
together with the declarations, we find the substance of the
declarations to be convincing of nonobviousness of the instant
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