Appeal 2007-1743 Application 10/131,550 Appellant argues that neither Baker nor Ueda -- references which pertain to television video-on-demand system -- show the limitations of representative claim 3 (Br. 19-20). Nor would it be obvious, Appellant contends, to combine the four references since they are from different technologies (i.e., video-on-demand, video conferencing, and remotely- accessible monitoring systems) (Br. 20-21; Reply Br. 7-8). We will sustain the Examiner’s rejection of representative claim 3. First, regarding the alleged failure of Baker or Ueda to disclose the claimed limitations, Appellant has simply not persuasively rebutted the Examiner’s findings in this regard. As we indicated previously, mere conclusory assertions that the references fail to disclose enumerated limitations without specific supporting analysis of why the references fail in this regard does not persuasively rebut the Examiner’s prima facie case of obviousness relying on such teachings.10 Secondly, we find that the skilled artisan would have ample reason on this record to combine the respective teachings of Baker and Ueda with the other references. In short, Baker and Ueda constitute analogous art. Both references pertain to distributing video over a network -- a field of endeavor that is commensurate not only with the claimed invention, but also McDougall and Vaios. Moreover, such technologies that distribute video over a network would have been reasonably pertinent to problems encountered in network-based video surveillance systems such as the claimed invention. 10 See P. 10, supra, of this opinion. 12Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013