Ex parte JOHN R. HALE, et al. - Page 11




          Appeal No. 96-2391                                                          
          Application 08/002,286                                                      


          of the sleeve as in Opresko and along the sidewall as in Larson.            
          There is no evidence on the record of this case to suggest that             
          the artisan would desire to emit electrons in both the axial and            
          radial directions simultaneously.  In the absence of any                    
          incentive to consolidate heat in the closed end of the sleeve and           
          in the sidewall at the same time, we can see no reason why the              
          artisan would have attempted to combine the teachings of Larson             
          with the teachings of Opresko.                                              
          In summary, we are of the view that the only suggestion                     
          for combining the teachings of Opresko with the teachings of                
          Larson comes from appellants’ own specification and a desire to             
          recreate the claimed invention.  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.  One cannot use hindsight                    
          reconstruction to pick and choose among isolated disclosures in             
          the prior art to deprecate the claimed invention.  In re Gorman,            
          933 F.2d 982, 987, 18 USPQ2d 1885, 1888 (Fed. Cir. 1991).  See              
          also Interconnect Planning Corp. v. Feil, 774 F.2d 1132, 1138,              
          227 USPQ 543, 547 (Fed. Cir. 1985).  Since we are of the view               

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