Appeal No. 95-5020
Application 08/151,041
unpatentable over McFerrin. The Federal Circuit states that
"[t]he mere fact that the prior art may be modified in the
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 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.
1992), citing In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,
1127 (Fed. Cir. 1984). We have pointed out above that
McFerrin is not concerned with the problem of detecting and
measuring partial discharge in an insulting medium.
Furthermore, we fail to find any suggestion in the record to
modify McFerrin to obtain Appellant's claimed invention.
In view of the foregoing, the decision of the Examiner
rejecting claims 36, 37, 42, 46, 47 and 52 through 56 is
reversed.
REVERSED
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
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