Appeal No. 2006-2345 Application No. 10/366,458 in blurred images (col. 3, lines 56-64). As pointed out by the Examiner and outlined in MPEP § 2123, although not identified as a preferred embodiment, Nakamura suggests moving the infrared sensor in the direction of the optical axis when the magnification is varied (col. 3, lines 65-67). While the complicated structure of a moveable infrared sensor may justify using a transparent element to vary the focal position (col. 4, lines 1-3 & 19-22), Nakamura, nonetheless, recognizes moving the infrared sensor as a way to absorb variations in the focal position, which is pertinent to the problems identified by Appellant (specification, paragraphs [0005] and [0008]). Therefore, contrary to Appellant’s position (reply brief, page 4), one of ordinary skill in the art would not be led away from moving the infrared sensor suggested by the alternative embodiment in Nakamura, particularly when complexity is not an obstacle. A motivation to combine prior art references may be found in the nature of the problem to be solved. Ruiz v. A.B. Chance Co., 357 F.3d 1270, 1276, 69 USPQ2d 1686, 1690 (Fed. Cir. 2004). Also, evidence of a suggestion, teaching, or motivation to modify a reference may flow from the prior art references themselves, the knowledge of one of ordinary skill in the art, or, in some 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007