Appeal No. 95-1955
Application 08/109,982
be modified in the manner as 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, 23 USPQ2d 1780, 1783-84 (Fed. Cir. 1992). Here, the
examiner has demonstrated no such suggestion stemming from the
prior art.
For the foregoing reasons, the rejection of claims 10-12
under 35 U.S.C. § 103 as being unpatentable over Nibby and Hill
cannot be sustained.
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