Ex Parte USKOLOVSKY et al - Page 7




          Appeal No. 2001-2110                                                        
          Application No. 09/095,462                                                  


          relied on a per se rule of obviousness that a change in position of         
          parts is not patentable.  The issue of obviousness must always be           
          determined on a case by case basis considering the specific                 
          recitations of the claimed invention and the specific teachings of          
          the applied prior art.                                                      
               We further agree with Appellants (Brief, page 5; Reply                 
          Brief, page 2) that the claimed invention does not involve the mere         
          changing of position of the vehicle camera to provide a front view          
          as asserted by the Examiner, but rather provides an additional lens         
          to add a front view presentation in addition to a rear view.  In            
          any case, even accepting, arguendo, the Examiner’s assertion that           
          Appellants are merely claiming the change in position of a vehicle          
          camera, we find no compelling reason for the skilled artisan to do          
          so in Secor.  The vehicle camera system of Secor is designed to aid         
          the driver while driving a car by providing a screen display of             
          views of surroundings which are not readily seen, i.e., the rear            
          and sides.  In our opinion, there would be no motivation for                
          positioning a camera to provide a front view which, as pointed out          
          by Appellants, would merely duplicate the driver’s own front view           
          vision through the windshield.                                              
               We have also reviewed the Blessinger and Jones references              
          applied by the Examiner to address the claimed predetermined                
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