Appeal No. 95-4929
Application 08/093,790
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 inappropriate process by which to determine patentability.
In re Rouffet, 47 USPQ2d 1453, 1457 (Fed. Cir. 1998).
In regard to the rejection of claims 4 through 10 under 35
U.S.C. § 103 as being unpatentable over Takenaka 049 in view of
Takenaka 305 and further in view of Miller, Green or Sigg, we
note that the Examiner relies on Takenaka 049 for the teaching of
a upper electrode being in direct contract with the source
electrode. Therefore, we will not sustain this rejection for the
same reasons set forth above.
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