Appeal No. 1998-2577
Application No. 08/594,054
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 by Appellants, “The Examiner’s rejection
has...cojoined features from two quite distinct systems (one
prior art, one new in Asada). This has created a system that
is neither taught nor suggested by Asada (and indeed is
technically infeasible, due to incompatible input data
formats);” (brief-pages 9 and 10). Since there is no evidence
in the record that the prior art suggested the desirability of
such a modification, or how such a combination would operate
in view of incompatibilities, we will not sustain the
Examiner’s rejection of claims 1 and 14.
The remaining claims on appeal also contain the above
limitations discussed in regard to claims 1 and 14 and
thereby, we will not sustain the rejection as to these claims.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007