Appeal No. 1999-0289
Application No. 08/336,690
claimed subject matter.
Each of the claims on appeal requires at least that a DAT be
used for recording and reproducing both medical information and
examination image information. Some of the claims, such as
independent claims 28, 34, 39 and 40 also require specific
formatting of, and then converting, these individual types of
information so as to be able to record the different information
in a DAT cassette. While the examiner has set forth a prima
facie case of obviousness in the use of a DAT for recording and
reproducing medical information, by referring to column 5 of
Ichikawa, relating to storage on “another recording medium,” it
is our view that such a prima facie case has been overcome by the
evidence provided by the Koike declarations. In the primary
declaration, Mr. Koike, an artisan involved with, and familiar
with, the recording arts to which the subject application is
directed, states, in paragraphs 18-21, that the state of the art
at the time of the instant invention was such that there was no
contemplation of using a DAT for storing medical information and
images. In particular, at paragraph 19, Mr. Koike, an artisan
whom we hold to be qualified to offer the opinion, affirmatively
states that at the time of the instant invention, “the state-of-
the-art was such that DAT technology was being used only to store
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