Appeal No. 2003-1371 Page 13
Application No. 09/186,856
1000, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999). "'[T]he question is whether there is
something in the prior art as a whole to suggest the desirability, and thus the
obviousness, of making the combination.'" In re Beattie, 974 F.2d 1309, 1311-12, 24
USPQ2d 1040, 1042 (Fed. Cir. 1992) (quoting Lindemann Maschinenfabrik GMBH v.
American Hoist & Derrick Co., 730 F.2d 1452, 1462, 221 USPQ 481, 488 (Fed. Cir.
1984)). "[E]vidence of a suggestion, teaching, or motivation to combine may flow from
the prior art references themselves, the knowledge of one of ordinary skill in the art, or,
in some cases, from the nature of the problem to be solved. . . ." Dembiczak, 175 F.3d
at 999, 50 USPQ2d at 1617 (citing Pro-Mold & Tool Co. v. Great Lakes Plastics, Inc.,
75 F.3d 1568, 1573, 37 USPQ2d 1626, 1630 (Fed. Cir. 1996); Para-Ordnance Mfg. v.
SGS Importers Int'l, Inc., 73 F.3d 1085, 1088, 37 USPQ2d 1237, 1240 (Fed. Cir.
1995)).
Here, we find that evidence to combine flows from the references themselves.
Naka's adventure game "can operate in either a single screen mode or a split screen
mode. In the single screen mode of operation, only a single playfield screen is
displayed." Col. 5, ll. 29-32. "In [the] split-screen mode, two screens are displayed at a
time, one for a first video game character and another for a second video game
character." Id. at ll. 34-37. Although the preferred embodiment of the reference does
not select its screen mode in response to the locations of its players, the reference
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