Appeal No. 1998-0456 Page 12
Application No. 08/454,706
(col. 5, lines 53-57 and col. 6, lines 37-39). Metroka, in
contrast, is directed to a power supply for a radiotelephone.
The storage capacitor power supply for the radiotelephone of
Metroka has an equivalent capacitance of eight 6000 farad
capacitors (col. 8, lines 12-16). Because the residual
voltage of the output capacitors 10 and 24 of Barthel are used
in determining the amount of energy of the stimulation pulse
to a patient’s heart atrium or ventricle, we find no
suggestion to have combined the teachings of Metroka and
Barthel, except from a reading of appellant's disclosure. As
stated by our reviewing court, "[i]t 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." In re Fritch, 972
F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992)(citing
In re Gorman, 933 F.2d 982, 987, 18 USPQ2d 1885, 1888 (Fed.
Cir. 1991)).
From all of the above, we find that the examiner has
failed to establish a prima facie case of obviousness of claim
9. Accordingly, the rejection of claim 9 under 35 U.S.C. §
103(a) is reversed.
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