Appeal No. 1997-3662
Application No. 07/964,342
suggested by the Examiner would be through impermissible
hindsight reconstruction of Appellants’ invention. The 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).
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