Appeal No. 1998-3331 Page 8
Application No. 08/852,842
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. 972 F.2d at 1266, 23
USPQ2d at 1784 (citing In re Gordon, 733 F.2d 900, 902, 221
USPQ 1125, 1127 (Fed. Cir. 1984)).
Here, the examiner interprets Intrater’s ROM 16 as a main
program memory and the reference’s DSPM RAM 28 as an auxiliary
program memory as aforementioned. For its part, Intrater
teaches that “[p]rograms and data are stored in the ROM 16 and
RAM modules 26, 28[,]” col. 7, ll. 25-26, and that the DSPM
“RAM 28 is used by the DSPM 12 for fetching commands to be
executed
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