Ex Parte Fiedler - Page 9




                Appeal No. 2005-2619                                                                                                           
                Application No. 09/734,826                                                                                                     

                fixed connection with the moveable camera. (Brief at pages 8-9).  We find that                                                 
                Schaffrina teaches the co-location of the audio and video component on the single                                              
                movable housing which would suggest that the microphone of Uehara be co-located                                                
                with the camera.  Therefore, we do not find the argument persuasive.                                                           
                         Appellant argues that Uehara teaches away from modifying the microphone                                               
                configuration, but appellant does not identify a specific teaching away.  (Brief at pages                                      
                9-12).  Rather, appellant identifies the benefits disclosed by Uehara which we                                                 
                distinguish from a specific teaching away.  Therefore, we do not find the argument                                             
                persuasive.                                                                                                                    
                         Appellant argues that Schaffrina fails to disclose that both the camera and the                                       
                microphone, while fixed to the same vertical translator, can be simultaneously                                                 
                positioned optimally. (Brief at page 10).  We do not find this argument commensurate in                                        
                scope with independent claim 1.  Therefore, we do not find the argument persuasive,                                            
                and we find that appellant has not shown error in the prima facie case of obviousness                                          
                nor adequately rebutted the prima facie case.  Therefore, we will sustain the rejection                                        
                of independent claim 1 and dependent claims 2-6 which appellant has elected to group                                           
                therewith.                                                                                                                     


                                                              CONCLUSION                                                                       



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