Appeal No. 1998-1105 Page 9
Application No. 08/300,599
desirability of the modification.” In re Fritch, 972 F.2d
1260, 1266, 23 USPQ2d 1780, 1783-84 (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.” Id. 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 Baker teaches sending
messages at different carrier frequencies. He specifically
admits, "Baker teaches a power-line-carrier communications
system; wherein, a message to be sent is transmitted on a
plurality of frequencies." (Examiner's Answer at 6.) The
reference confirms the admission by disclosing "a power-line-
carrier (PLC) communications system which dynamically avoids
bands of interference, by slow frequency hopping of the
carrier signal ...." Col. 2, ll. 54-57.
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