Appeal No. 1996-1309
Application 08/053,174
plurality of depressions comprising a plurality of
indentations arranged in a herringbone pattern as recited in
Appellants' claim 27. In our review of Ono, we find that Ono
teaches a bearing which utilizes pressurized gas applied to a
plurality of annular space ports to support rotation of a
rotary shaft. We agree that Ono teaches the pattern is a
herringbone pattern, however, we fail to find that this
pattern in any way is adjusted to be used in Kato's reference.
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). Therefore, we fail to
find
any reason that is suggested in the prior art to modify Kato
to provide a herringbone pattern as recited in Appellants'
claim 27.
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