Appeal 2007-0932
Application 10/058,924
of column 4 indicates the display of video information from an image scan
on a computer monitor display of this computer. Figure 8 of McDonald
indirectly shows a similar teaching by the automatic generation of a clinical
report by the system which identifies the patient; a similar teaching occurs
indirectly as well by the showing of the ultrasound image review screen in
figure 5.
The artisan would thus appreciate that the additional evidence
provided by Wang merely is more explicit than that which have been
identified by the Examiner and emphasized by us here in McDonald to begin
with. An image of a person and associated ID information is depicted in
Wang in figures 2 and 3A, the image which is derived according to the
digital camera 23 in figure 3B as a part of the system 20 also shown in
figures 2 and 3A. The system in figure 5 is depicted to indirectly show the
display 53 and camera 52 which is connected to the user interface 41 in
figure 4 which comprises in part the analysis system 12 in figure 1. Figure 4
and Figure 1 both show the profile database associated with the imaged
person and the associated data as noted earlier. Wang merely shows what
McDonald indirectly indicates to the artisan and depicts what Appellants
have appeared to have admitted in the prior art anyway as discussed earlier.
Although we recognize that the Examiner’s motivation of combinability of
Wang’s teachings and showings to those of McDonald is rather weakly
based (Answer 5), such as to create a portable handheld device, the actual
teachings and showings of the respective references are more compelling of
the obviousness than the Examiner appears to appreciate.
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