Appeal 2006-2328
Application 10/131,049
synchronous signals when no input is received from said vertical synchronous
signal terminal, said horizontal/composite synchronous signal terminal and
said synchronous-on-green terminal of said computer."
We note that claim 26 recites generating reference vertical and
horizontal synchronous signals "when no input is received from said
[terminals]," that is, when neither vertical nor horizontal synchronous signals
are received. By comparison, claims 57 and 58 recite generating reference
vertical and horizontal synchronous signals "if said at least one input
synchronous signal is not received" (claim 57) or "when at least one
synchronous signal is not detected from said computer" (claim 58), which
allows for not receiving a horizontal synchronous signal while receiving a
vertical synchronous signal.
Level of ordinary skill in the art
The level of ordinary skill in the art is evidenced by the references, as
noted in the findings regarding the rejection of claim 58.
In particular, Yamagishi teaches that persons of ordinary skill in the art
of detecting and processing of synchronizing signals knew that synchronizing
signals could be missing and that the solution was to replace them with
internally generated "reference" synchronizing signals so that later circuitry
stages would operate. One of ordinary skill in the art is presumed to have
sufficient skill to be apply the teachings of Yamagishi in situations where
synchronizing signals may be missing. Skill in the art is presumed. See
In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985).
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