Appeal No. 2005-2268 Page 17
Application No. 09/976,683
electronically controlled by said computer to be opaque during use of said interactive
terminal computer. " Giving the representative claim its broadest, reasonable
construction, the limitations require privacy panels that can be changed between
opaque and transparent states.
2. Obviousness Determination
"The suggestion or motivation to combine references does not have to be stated
expressly; rather it may be shown by reference to the prior art itself, to the nature of the
problem solved by the claimed invention, or to the knowledge of one of ordinary skill in
the art.'" Medical Instrumentation and Diagnostics Corp. v. Elekta AB, 344 F.3d 1205,
1221-22, 68 USPQ2d 1263, 1276 (Fed. Cir.2003) (quoting Beckson Marine, Inc. v.
NFM, Inc., 292 F.3d 718, 728 [63 USPQ2d 1031] (Fed. Cir. 2002)). In other words, one
of ordinary skill in the art knows how to use known devices for their intended purpose to
achieve an expected result.
Here, one of ordinary skill in the art would have recognized the desirability of
forming White's barriers 87 and 88 from electrochromic panels as taught by Byker. In
White's customer usage mode, one of ordinary skill in the art would have known from
the record that the barriers could be darkened to form an opaque privacy shield about
the video keypad of White's workstation. In White's advertising mode, the barriers could
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