Appeal No. 1997-4138
Application No. 08/384,681
1038, 1039, 228 USPQ 685, 686 (Fed. Cir. 1986); quoting from In re Wesslau, 353 F.2d
238, 241, 147 USPQ 391, 393 (CCPA 1965): "It is impermissible within the framework of
section 103 to pick and choose from any one reference only so much of it as will support a
given position, to the exclusion of other parts necessary to the full appreciation of what
such reference fairly suggests to one of ordinary skill in the art."
Thus, on this record, if the references were combined in the manner urged by the
examiner, one would not arrive at the claimed device. The examiner has failed to provide
those facts and evidence which would reasonably establish a prima facie case of
obviousness within the meaning of 35 U.S.C. § 103 as to claims 56 - 61. Therefore, we
reverse the rejection of claims 56 - 61 under 35 U.S.C. § 103 as obvious over the
combination of Fish, Gordon, Wada, and Towbin.
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