Appeal No. 1998-2116
Application 08/665,760
an input voltage to a reference voltage to generate an output
signal. We agree that Laug does not teach using logic
circuitry to generate a first pulse in response to a rising
edge of a bus clock signal, but that Grundmann supplies
evidence that such pulse generation is well known in the art.
Neither reference, however, teaches using the generated pulse
to turn on and/or off a differential amplifier; Grundmann
teaches the use of the pulse signal to assert a signal to an
AND gate (see column 12, line 43 to column 13, line 3).
Because the combination advanced by the Examiner does not
contain every element of the claimed invention, we cannot
sustain the rejection of claim 48 under 35 U.S.C. § 103.
The Federal Circuit states that "[t]he mere fact
that the prior art may be modified in the manner suggested by
the Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification."
In re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780,
1783-84 n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d
900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984). "Obviousness
may not be established using hindsight or in view of the
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