Appeal No. 1997-4061
Application 08/469,498
best, if one skilled in the art were considering modifying
Clarke in view of Fairchild, he would be led to wholly incor-
porate Fairchild's pre-fetch mechanism, including link regis-
ters and link latch circuits, so that the Clarke processor
could efficiently execute instructions in a pipeline fashion.
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). The Federal Circuit
reasons in Para-Ordnance Mfg. Inc. v. SGS Importers Int'l
Inc., 73 F.3d 1085, 1088-89, 37 USPQ2d 1237, 1239-40 (Fed.
Cir. 1995), cert. denied, 519 U.S. 822 (1996), that for the
determination of obviousness, the court must answer whether
one of ordinary skill
in the art who sets out to solve the problem and who had
before him in his workshop the prior art, would have been
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