Appeal No. 94-3696
Application 07/995,230
manner suggested by the examiner does not make the modification
obvious unless the prior art suggested the desirability of the
modification. In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780,
1783-84 (Fed. Cir. 1992). Here, as we explained above, they do
not. It is impermissible to use the claimed invention as an
instruction manual or "template" to piece together the teachings
of the prior art so that the claimed invention is rendered
obvious. In re Fritch, 972 F.2d at 1266, 23 USPQ2d at 1784.
Conclusion
For the foregoing reasons, the rejection of claims 1-20
under 35 U.S.C. § 103, as being unpatentable over Carson or
Jarvis in view of Rudnick or May, Jr. is reversed.
REVERSED
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