Appeal No. 97-0503
Application 08/218,102
Moreover, the 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). The
examiner points to nothing in the prior art suggesting the
desirability of the modification.
CONCLUSION
The rejections are not sustained.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
LEE E. BARRETT ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JAMES T. CARMICHAEL )
Administrative Patent Judge )
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