Ex parte CHRISTENSON - Page 7

          Appeal No. 2000-0006                                       Page 7           
          Application No. 08/868,480                                                  

          Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir.                   
          1988) and In re Lintner, 458 F.2d 1013, 1016, 173 USPQ 560,                 
          562 (CCPA 1972).  When it is necessary to select elements of                
          various teachings in order to form the claimed invention, we                
          ascertain whether there is any suggestion or motivation in the              
          prior art to make the selection made by the appellant.  It is               
          well settled that obviousness cannot be established by                      
          combining the teachings of the prior art to produce the                     
          claimed invention, absent some teaching, suggestion or                      
          incentive supporting the combination.  The extent to which                  
          such suggestion must be explicit in, or may be fairly inferred              
          from, the references, is decided on the facts of each case, in              
          light of the prior art and its relationship to the appellant's              
          invention.  It is impermissible, however, simply to engage in               
          a hindsight reconstruction of the claimed invention, using the              
          appellant's structure as a template and selecting elements                  
          from references to fill the gaps.  The references themselves                
          must provide some teaching whereby the appellants' combination              
          would have been obvious.  In re Gorman, 933 F.2d 982, 986, 18               
          USPQ2d 1885, 1888 (Fed. Cir. 1991) (citations omitted).  That               
          is, something in the prior art as a whole must suggest the                  

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