"73 In Net MoneyIN, Inc., for example, the Federal Circuit found that the district court had improperly combined parts of the two different models of the prior art reference to find that a claim was anticipated.74
Rather, Williams discloses that different actions such as “actions such as face changes, arm movements, a bird flying, or a candlestick appearing out of nowhere … can be associated with the time, positions or locations in the sound recording either manually or Page 41 of 68
The Petitioner Failed To Show That A Person Of Ordinary Skill In The Art Would Have Been Motivated To Combine The Teachings Of (i) Tsumura and Williams, (ii) Lytle and Adachi, or (iii) Thalmann and Williams To Achieve The Invention Claimed in the ‘129 Patent And Would Have Had A Reasonable Expectation Of Success In Doing So A party seeking to invalidate a patent as obvious must demonstrate that a “skilled artisan would have been motivated to combine the teachings of the prior art references to achieve the claimed invention, and that the skilled
129 See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) (“[R]ejections on obviousness grounds cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness”).
For example, one such system, described in NewMedia magazine published shortly before the filing date of the ‘129 patent, altered “the appearance of colored visual representations of sound waves (displayed on a large screen in a concert hall) in response to crowd noise (picked up by a microphone during a concert) and live music in MIDI format (generated by musicians during the concert).”142 Another earlier system described in U.S. Patent 4,257,062 (“the ’062 Patent”) controlled a set of lamps mounted on eyeware “by switching individual ones of the lamps on and off in response to music.”143 That is, contrary to Petitioner’s assertion, a person of ordinary skill in the art (i.e. having two years of practical or post-graduate work in the area of computer-generated animations and/or graphics but no experience in virtual reality systems) would not have known how to generate a virtual environment (i.e., a graphic display from a user’s first person perspective) from audio signals or a control track generated from audio signals.