Ex parte YUEN - Page 7




          Appeal No. 1997-4140                                       Page 7           
          Application No. 08/279,628                                                  


               columns, a television program descriptor located in                    
               each cell, a first set of bar codes arranged along                     
               one side of the grid, a second set of bar codes                        
               arranged along      another side of the grid                           
               perpendicular to the first set so each cell lies at                    
               the intersection of a bar code in the one set that                     
               represents time and a bar code in the other set that                   
               represents channel ....                                                
          In summary, the claimed limitations recite a TV calendar                    
          formatted as a rectangular grid of cells arranged in rows and               
          columns, with channel bar codes along one side of the grid,                 
          time bar codes along another side, and a TV program descriptor              
          in each cell.                                                               
                                                                                     
               The examiner fails to show a teaching or suggestion of                 
          the claimed limitations.  “Obviousness may not be established               
          using hindsight or in view of the teachings or suggestions of               
          the inventor.”  Para-Ordnance Mfg. v. SGS Importers Int’l, 73               
          F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995)(citing               
          W.L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540,                  
          1551, 1553, 220 USPQ 303, 311, 312-13 (Fed. Cir. 1983)).  “The              
          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              








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