Appeal No. 1997-1461
Application 08/388,915
absent some teaching or suggestion supporting the combination.
ACS Hosp. Sys. Inc. v. Montefiore Hosp., 732 F.2d 1572, 1577,
221 USPQ 929, 933 (Fed. Cir. 1984). In the situation before
us, the examiner has pointed to isolated teachings in each of
the applied references. The examiner has not adequately
explained why one of ordinary skill in the art at the time the
invention was made would have found it obvious to modify the
teachings of Chadwick in the manner suggested and why one of
ordinary skill in this art would have found it obvious to
combine the teachings of Chadwick, Burgie, Ritzer and Kotval
in the manner suggested. The examiner’s approach falls short
of establishing the requisite evidence to establish that one
of ordinary skill would have found it obvious to combine the
applied references to arrive at the claimed invention. Grain
Processing Corp. v. American Maize-Prods. Co., 840 F.2d 902,
907, 5 USPQ2d 1788, 1792 (Fed. Cir. 1988)
REVERSED
)
MARY F. DOWNEY )
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