Appeal No. 1998-2815
Application No. 08/648,790
1446, 24 USPQ2d 1443, 1445 (Fed. Cir. 1992)), which is
established when the teachings of the prior art itself would
appear to have suggested the claimed subject matter to one of
ordinary skill in the art (see In re Bell, 991 F.2d 781, 783,
26 USPQ2d 1529, 1531 (Fed. Cir. 1993)). The conclusion that
the claimed subject matter is prima facie obvious must be
supported by evidence, as shown by some objective teaching in
the prior art or by knowledge generally available to one of
ordinary skill in the art that would have led that individual
to combine the relevant teachings of the references to arrive
at the claimed invention. See In re Fine, 837 F.2d 1071,
1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
With this as our background, we look to the examiner's
rejection of claims 1-48 under 35 U.S.C. § 103 as being
unpatentable over Hayward in view of Grilk.
We understand Hayward to teach a software program system
designed to write other software application programs for
implementation of guideline applications for use in situations
where a qualification decision or next course of action
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