Appeal No. 1998-0476
Application 08/397,157
221
USPQ 1125, 1127 (Fed. Cir. 1984). "Obviousness may not be
established using hindsight or in view of the teachings or
suggestions of the inventor." Para-Ordnance Mfg. v. SGS
Importers Int’l, 73 F.3d at 1087, 37 USPQ2d at 1239, citing W.
L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d at 1551,
1553, 220 USPQ at 311, 312-13.
As pointed out above, the Examiner has presented no
evidence or convincing line of reasoning that a noise problem
was known, that RAM’s are particularly sensitive to such
noise, that a solution to the noise problem would be to
suppress the operation of a monitor circuit only during a RAM
mode, and that suppression can be successfully accomplished by
switching back and forth between the ROM and RAM modes. Since
there is no evidence in the record that the prior art
suggested the desirability of such a modification, we will not
sustain the Examiner’s 35 U.S.C. § 103 rejection of claim 7.
-10-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007