Appeal No. 2000-2208
Application No. 08/874,287
be common knowledge of unquestionable demonstration. Our
reviewing court requires this evidence in order to establish a
prima facie case. In re Piasecki, 745 F.2d 1468, 1471-72, 223
USPQ 785, 787-88 (Fed. Cir. 1984). The Examiner must not only
identify the elements in the prior art, but also show “some
objective teaching in the prior art or that knowledge generally
available to one of ordinary skill in the art would lead the
individual to combine the relevant teachings of the references.”
In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir.
1988).
A review of the applied prior art confirms that Nonami
relates to a three-dimensional image measuring apparatus that
uses the cursor position information for measuring the distance
between the points designated by the cursors (col. 2, lines 13-
29). However, as contended by the Examiner, the claimed image
pickup device responsive to a projected photographic image and
the calibration system are absent in Nonami. Schumacher, on the
other hand, discloses a system for analysis and measurement of
displayed images. More specifically, Schumacher employs cursor
controls for positioning cursors for indicating the area and
distances to be calibrated or measured (col. 3, lines 33-37).
Schumacher refers to calibration of the cell size by “using known
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