Appeal No. 98-1394 Page 7
Application No. 08/325,448
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, “Rackley does not explicitly
recite ... a paging network communicates a transponder with a
paging frequency which is different from the transponder's
transmitted frequency.” (Examiner’s Answer at 5.) This is an
understatement. The reference does not disclose using a
paging receiver for any purpose, let alone for receiving
transmitter controlling data. Rackley merely mentions, “a
receiver 12 responsive to the message sent by base station 30
....” Col. 6, ll. 48-50. 1
1Although the reference teaches receiving a transmitter
controlling message, col. 3, ll. 58-63, the message is not
received by a paging receiver.
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