Appeal No. 95-3388
Application 08/242,993
that Dhong suggests any reason to substitute other memory
technologies for the Dhong DRAM.
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). Furthermore, rejecting
patents solely by finding prior art corollaries for the
claimed elements would permit an examiner to use the claimed
invention itself as a blueprint for piecing together elements
in the prior art to defeat the patentability of the claimed
invention. Such an approach would be an illogical and inap-
propriate process by which to determine patentability. In re
Denis Rouffet, 1998 U.S. App. 16414 (Fed Cir. July 15, 1998).
Turning to Appellants' claims, we find that Appel-
lants' claims 1 through 25, 33, 34, 36, 37, 40 through 42
recite memory
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