Appeal No. 1997-3956
Application 08/583,960
voltage generators but argues that resistive and capacitive
voltage dividers are typical fare. The Examiner argues that
it would have been obvious to use either resistors or
capacitors in the Tsuji system. The Examiner further argues
that it is common to use the reference voltage generators of
the stages subsequent to the upper stage to often subdivide a
coarse interval of the first reference generator. The
Examiner argues further that this interval subdivision is
typically accomplished by supplying a particular step to the
later stage voltage dividing element constituting some form of
common use. However, the Examiner has provided no evidence in
the record to support the Examiner's assertion. The Federal
Circuit states that "[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 USPQ 1780, 1783-84
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902,
221 USPQ 1125, 1127 (Fed. Cir. 1984). It is further
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