Ex parte HYATT et al. - Page 8

          Appeal No. 95-0143                                                          
          Application 07/865,849                                                      

               The Appellants argue that Pogue teaches away from such a               
          modification.  Appellants point out that Pogue teaches that one             
          of the objects of the Pogue invention is to keep the key as                 
          simple and low-power consuming as possible and as a result                  
          Pogue’s key only has to store two numbers, the secret key S and             
          the key’s identification number.                                            
               It is the burden of the Examiner to establish why one                  
          having ordinary skill in the art would have been led to the                 
          claimed invention by the reasonable teachings or suggestions                
          found in the prior art, or by a reasonable inference to the                 
          artisan contained in such teachings or suggestions.  In re                  
          Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).  In            
          addition, the Federal Circuit states that "[t]he 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."  In re                 
          Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14              
          (Fed. Cir.  1992), citing In re Gordon, 733 F.2d 900, 902, 221              
          USPQ 1125, 1127 (Fed. Cir. 1984).                                           
               "Additionally, when determining obviousness, the claimed               
          invention should be considered as a whole; there is no legally              
          recognizable 'heart' of the invention."  Para-Ordnance Mfg. v.              

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