Appeal No. 1997-1436 Page 12
Application No. 08/419,174
source of power and said first means" would have been
suggested by (1) Koguchi's recording circuit which is
activated when the switch knob 19 is in the on position and
when a voice higher than a specified level is uttered toward
the toy 1, and (2) the ability of one of ordinary skill to
have modified the controls disclosed by Hall Vandis to control
an additional function is not supported by evidence. Evidence
of a suggestion, teaching, or motivation to modify a reference
may flow from the prior art references themselves, the
knowledge of one of ordinary skill in the art, or, in some
cases, from the nature of the problem to be solved, see
Pro-Mold & Tool Co. v. Great Lakes Plastics, Inc., 75 F.3d
1568, 1573, 37 USPQ2d 1626, 1630 (Fed. Cir. 1996),
Para-Ordinance Mfg. v. SGS Imports Intern., Inc., 73 F.3d
1085, 1088, 37 USPQ2d 1237, 1240 (Fed. Cir. 1995), although
"the suggestion more often comes from the teachings of the
pertinent references," In re Rouffet, 149 F.3d 1350, 1355, 47
USPQ2d 1453, 1456 (Fed. Cir. 1998). The range of sources
available, however, does not diminish the requirement for
actual evidence. That is, the showing must be clear and
particular. See, e.g., C.R. Bard, Inc. v. M3 Sys., Inc., 157
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