Appeal No. 1997-4140 Page 8
Application No. 08/279,628
modification.” In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d
1780, 1784 (Fed. Cir. 1992) (citing In re Gordon, 733 F.2d
900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984)). “It is
impermissible to use the claimed invention as an instruction
manual or ‘template’ to piece together the teachings of the
prior art so that the claimed invention is rendered obvious.”
Fritch, 972 F.2 at 1266, 23 USPQ2d at 1784, (citing In re
Gorman, 933 F.2d 982, 987, 18 USPQ2d 1885, 1888 (Fed. Cir.
1991)).
Here, the examiner admits that Kajitani fails to “teach
the second set of bar codes is arranged in a horizontal row
which is perpendicular to the first set of bar codes and ...
the incorporating of program descriptors at locations of the
intersections of the first set of bar codes and second set of
bar codes.” (Examiner’s Answer at 4-5.) This is an
understatement. The reference merely “shows a ... practical
program sheet 1 made by printing channels, dates, start times
and end times on a synthetic resin plate or sheet material.”
Col. 4, ll. 3-6. The sheet contains no TV program
descriptors. It is merely a bar code sheet. Fig. 4. In
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