Appeal No. 2006-3032 15
Application No. 09/969,040
averaged image data [Smith, col. 6, lines 41-46]. In particular, we find that
Smith’s method of horizontally averaging image data continuously over
multiple frames clearly teaches away from the instant claimed difference
signal.
In addition, we find that modifying Smith with Oyama’s frame-to-
frame comparisons in the manner suggested by the examiner would fail to
provide the horizontally averaged image data expected as a time domain
input to Smith’s fast-Fourier-transform (FFT) [see Smith, col. 6, line 49:
“performing the FFT on the horizontally averaged image data”]. Therefore,
we agree with appellants that modifying Smith with the teachings of Oyama
would render Smith’s invention unsatisfactory for its intended purpose. We
note that the Court of Appeals for the Federal Circuit has determined that if
a proposed modification would render the prior art invention being modified
unsatisfactory for its intended purpose, then there is no suggestion or
motivation to make the proposed modification. In re Gordon, 733 F.2d 900,
901, 221 USPQ 1125, 1127 (Fed. Cir. 1984).
For all of the aforementioned reasons, we do not see how an artisan
having knowledge of Smith would have been reasonably motivated to look to
Oyama to achieve the advantage proffered by the examiner without relying
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