Appeal No. 1998-1088 Page 7
Application No. 08/523,809
(Fed. Cir. 1995), cert. denied, 519 U.S. 822 (1996)(citing
W.L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540,
1551, 1553, 220 USPQ 303, 311, 312-13 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984)). “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 1260, 1266, 23 USPQ2d 1780, 1784 (Fed.
Cir. 1992) (citing In re Gorman, 933 F.2d 982, 987, 18 USPQ2d
1885, 1888 (Fed. Cir. 1991)). “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 modification.” Id. at 1266,
23 USPQ2d at 1784 (citing In re Gordon, 733 F.2d 900, 902, 221
USPQ 1125, 1127 (Fed. Cir. 1984)).
Here, although AAPA teaches that "projecting part 12a ...
is formed for absorbing part of light spread from a convex
surface of the individual lenticular lenses 12," (Spec. at 3),
and a "screen protection panel 13 of an acrylic material,"
(id.), the projecting part is not formed on the screen
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