Ex Parte PAYNE - Page 5




          Appeal No. 2002-1717                                       Page 5           
          Application No. 09/089,153                                                  


               In making our determination, we have considered the                    
          disclosures of Schofield et al. and Gauthier for what each one              
          fairly teaches one of ordinary skill in the art, including not              
          only the specific teachings, but also the inferences which one of           
          ordinary skill in the art would reasonably have been expected to            
          draw therefrom.  See In re Boe, 355 F.2d 961, 965, 148 USPQ 507,            
          510 (CCPA 1966);  In re Preda, 401 f.2d 825, 826, 159 USPQ 342,             
          344 (CCPA 1968).  Additionally, in our evaluation of the                    
          obviousness issues before us, we have presumed skill on the part            
          of the artisan, rather than the lack thereof.  See In re Sovish,            
          769 F.2d 738, 742, 226 USPQ 771, 774 (Fed. Cir. 1098).                      
               We first turn to independent claim 1.  The examiner’s                  
          position (final rejection, pages 5-6) is that Schofield shows all           
          of the recited features except for a rear detection module that             
          contains not only a small video camera, but also a laser-based              
          distance detection system and a pair of high intensity lamps.  To           
          overcome this deficiency in Schofield, the examiner turns to                
          Gauthier (final rejection, page 6) for the use of a tractor-                
          trailer backup system that includes back-up lights and a rear               
          detection module containing a distance detection system.                    
               In response, appellant argues (brief, pages 4-5) that the              
          examiner has failed to present evidence of motivation to combine            







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