Appeal No. 97-2594
Application 08/444,389
the particular
length recited in the claims does not make such modification
or construction obvious unless there is some suggestion in the
prior art of the desirability of doing so. In re Fritch, 972
F.2d 1260, 1266, 23 USPQ2d 1780, 1783-84 (Fed. Cir. 1992); In
re Laskowski, 871 F.2d 115, 117, 10 USPQ2d 1397, 1398 (Fed.
Cir. 1989). We find no such suggestion in Diggs and therefore
will not sustain the rejection.
The examiner's decision to reject claims 1, 11 and 15 is
reversed.
Reversed
IAN A. CALVERT )
Administrative Patent Judge )
)
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) BOARD OF PATENT
IRWIN CHARLES COHEN ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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