Ex Parte Lee - Page 7



                Appeal 2006-2328                                                                                       
                Application 10/131,049                                                                                 
                the microcomputer performs synchronization detection in step 1004 and                                  
                polarity unification in steps 1006 and 1007.                                                           

                              Differences                                                                              
                       In the analysis, we find that Arai teaches "a microcomputer connected                           
                to said computer for detecting at least one synchronous signal output from                             
                said computer to said display monitor," so the differences between the subject                         
                matter of claim 58 and Arai are that Arai does not disclose: (1) "said                                 
                microcomputer generating . . . reference . . . vertical synchronous signals                            
                when at least one synchronous signal is not detected from said computer";                              
                (2) "said microcomputer providing . . . said . . . reference . . . vertical                            
                synchronous signals to said synchronous signal processor"; and (3) a                                   
                "synchronous signal processor outputting processed vertical and horizontal                             
                synchronous signals to said video signal processor."                                                   

                              Level of ordinary skill in the art                                                       
                       The U.S. Patent and Trademark Office (USPTO) has no way to take                                 
                testimony about the level of ordinary skill in the art.  Guessing at the level of                      
                education and experience possessed by a person of ordinary skill in the art is                         
                meaningless because it says nothing about what the hypothetical person of                              
                ordinary skill in the art actually knows.  If an express finding is required, the                      
                level of ordinary skill in the art is evidenced by the references.  See                                
                In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO                                
                usually must evaluate both the scope and content of the prior art and the level                        

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