Appeal No. 1996-3281
Application 07/895,467
At page 4 of the Answer, the Examiner notes that F8
(Figure 4) of Takenouchi can indicate an error, and “When the
time to transmit is after time at the receiving station, F8
would obviously indicate an error.”
However, we find that Takenouchi specifically does not
recognize such as an error. According to column 12, lines
50+, when a time to transmit is after the time at the
receiving station, Takenouchi transmits and does not treat
this as an error. Appellant also recognizes this and argues
that Takenouchi does not recognize an elapsed transmission
time as an error. (Brief-page 20.) We agree with the
Appellant.
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). "Obviousness may
not be established using hindsight or in view of the teachings
7
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