Ex parte LAGREE et al. - Page 10




          Appeal No. 96-2189                                                          
          Application 07/969,731                                                      



          and second state as recited in Appellants' claim 1.   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 at 902, 221                 
          USPQ at 1127.  "Obviousness may not be established using                    
          hindsight or in view of the teachings or suggestions of the                 
          inventor."  Para-Ordnance Mfg., supra.                                      
               We find that Matsko teaches in column 14, lines 41-52,                 
          that Figure 5 shows a visual protection curve representation                
          42, 47, 48a and LED indicators 140-143 having a first state in              
          response to a trip signal associated with the visual                        
          protection curve representation.  However, Matsko fails to                  
          teach that the LED indicators 140-143 have a second state in                
          response to adjusting of said adjustable predetermined                      
          function through said input means.  In column 5, lines 15-59,               
          Yalla teaches that the LEDs 71 and 72 (shown in Figure 1)                   
          prompt an operator to select a relay element function and                   

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