Ex Parte Flach et al - Page 5




            Appeal No. 2004-0012                                                                       
            Application No. 10/057,614                                                                 


            understood that such control could also be extended to the                                 
            retractable lens of the device.  In our view, appellants'                                  
            arrangement of leaving the retractable lens in the extended                                
            position when the camera is turned off to save the life of the                             
            battery would have been an obvious trade-off with the loss of                              
            better storability and portability when the lens is in the                                 
            extended position.  We are satisfied that one of ordinary skill                            
            in the art would have found it obvious to balance the advantages                           
            and disadvantages of extending the life of the battery at the                              
            expense of storability and portability.  Manifestly, maximizing                            
            the life of a device's battery is a well-known goal for designers                          
            of electrical devices, and we find that appellants' solution to                            
            the problem of battery life would have been readily apparent and                           
            obvious to one of ordinary skill in the art, particularly in                               
            light of Tatsuzo.  In re Ludwig, 353 F.2d 241, 243-44, 147 USPQ                            
            420, 421 (CCPA 1965).                                                                      
                  As a final point, we note that appellants base no argument                           
            upon objective evidence of nonobviousness, such as unexpected                              
            results, which would serve to rebut the inference of obviousness                           
            established by the examiner.                                                               
                  In conclusion, based on the foregoing, the examiner's                                
            decision rejecting the appealed claims is affirmed.                                        


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