Appeal No. 1997-3132
Application 08/268,370
skill in the art to form in Shiono an architecture that
includes incompatible scan architecture as claimed.
Upon our detailed review of Gruetzner, we fail to
find that Gruetzner suggests incompatible architecture or, for
that matter, recognizes the problem of incompatible
architectures and how to test the interconnect between them.
In column 3, line 67, through column 4, line 5, Gruetzner
simply states that the invention may be used in other than
level sensitive scan designs. Gruetzner is not suggesting
that the invention would be used in
scan designs that are incompatible, only that it is possible
to use it in other compatible sensitive scan designs.
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
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