Appeal 2007-0039
Application 09/799,413
10. Ferrel further shows in Figure 11 the process of creating
content, publishing the content to a server, and having that content retrieved
by a customer so that it can be viewed on a page within a title. Ferrel further
discloses the process for creating content in an on-line publishing system
with a story editor, as shown in Figure 12 (col. 25, ll. 21-27).
PRINCIPLES OF LAW
To reach a conclusion of obviousness under section 103, the Examiner
bears the burden of producing factual basis supported by teaching in a prior
art reference or shown to be common knowledge of unquestionable
demonstration. Our reviewing court requires this evidence in order to
establish a prima facie case. In re Piasecki, 745 F.2d 1468, 1471-72, 223
USPQ 785, 787-88 (Fed. Cir. 1984).
Furthermore, the test for obviousness is what the combined teachings
of the references would have suggested to one of ordinary skill in the art.
See In re Kahn, 441 F.3d 977, 987-88, 78 USPQ2d 1329, 1336 (Fed. Cir.
2006), In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir.
1991), and In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA
1981).
“Section 103 forbids issuance of a patent when ‘the differences
between the subject matter sought to be patented and the prior art are such
that the subject matter as a whole would have been obvious at the time the
invention was made to a person having ordinary skill in the art to which said
subject matter pertains.’” KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,
1734, 82 USPQ2d 1385, 1391 (2007).
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