Appeal No. 1998-0714
Application No. 08/092,622
maintain the consistency of the personal configurations of the
user. In fact, Kobayashi specifically precludes including the
PPM in another computer system, as Kobayashi states (column 5,
lines 56-63) that the docking stations
would have the physical appearance of a notebook or
desktop computer, but as shown in FIG. 2, the
docking station would not include the processor or
the application software or operating system which
are usually a part of any computer. These would be
carried in and supplied by the PPM so that every
docking station would present the same interface to
the PPM user. (Underlining ours for emphasis)
The Federal Circuit has held that "a proposed modification
[is] inappropriate for an obviousness inquiry when the
modification render[s] the prior art reference inoperable for
its intended purpose. In re Gordon, 733 F.2d 900, 902, 221
USPQ 1125, 1127 (Fed. Cir. 1984)." In re Fritch, 972 F.2d
1260, 1265-1266 n.12, 23 USPQ2d 1780, 1783 n.12 (Fed. Cir.
1992). As the combination proposed by the examiner of
Kobayashi and Blackborow would defeat the purpose of
Kobayashi's system, the examiner has failed to establish a
prima facie case of obviousness by combining the two
references.
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