Ex Parte STEPHENSON - Page 7



         Appeal No. 2005-0175                                       Page 7          
         Application No. 09/241,700                                                 

         wraps around the user as a frame for mounting the cameras.  In             
         other situations, such as in the case of a person desiring to              
         take pictures of a child at play (see column 6, lines 51-65 of             
         Winningstad), one of ordinary skill in the art would have                  
         recognized that a less rigid camera attaching arrangement could            
         be used, such as using Velcro to attach the camera to the                  
         garment.  After all, in an obviousness assessment, skill is                
         presumed on the part of the artisan, rather than the lack                  
         thereof.  In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774               
         (Fed. Cir. 1985).  Moreover, insofar as the applied references             
         themselves are concerned, we are bound to consider the disclosure          
         of each for what it fairly teaches one of ordinary skill in the            
         art, including 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) and            
         In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).             
              Based on the above and for reasons further articulated in             
         the answer, we determine that the examiner has made out a prima            
         facie case of obviousness with respect to the subject matter               
         embraced by representative claim 9 and representative claim 12.            
              Appellant does not dispute that panoramic camera systems are          
         known or that mounting single cameras on a user is known.  Rather          





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