Appeal No. 1997-2478
Application 08/361,554
(3) Hiwatashi uses upward and downward acceleration and
upward and downward velocity as control parameters, but does
not
teach the use of these parameters, or any other parameters, to
determine road roughness.
While we recognize that the claimed control apparatus and
the control systems of Akatsu, Kawagoe and Hiwatashi have
certain elements and operating principles in common, we are
unable to agree with the examiner that these common elements
and operating principles would have suggested a processing
means that determines road conditions in the manner called for
in the last paragraph of each of the independent claims on
appeal. As our court of review indicated in In re Fritch, 972
F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992), it is
impermissible to use the claimed invention as an instruction
manual or “template” to piece together isolated disclosures
and teachings of the prior art so that the claimed invention
is rendered obvious. In our opinion, this is exactly what the
examiner has done in arriving at the subject matter of the
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