Appeal No. 1998-3332 Page 7
Application No. 08/643,961
readable security code ..., said code being comprised of a
combination of a digitized form of said personal information
and a digitized descriptor of a first feature of said
photograph ....” Accordingly, claims 3, 11-16, 31, and 32
require combining a legitimate holder’s feature data and his
personal data and then encrypting the combination to form a
code.
The examiner fails to show a teaching or suggestion of
the limitations in the prior art. “Obviousness may not be
established using hindsight or in view of the teachings or
suggestions of the inventor.” Para-Ordnance Mfg. v. SGS
Importers Int’l, 73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239
(Fed. Cir. 1995), cert. denied, 519 U.S. 822 (1996)(citing
W.L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540,
1551, 1553, 220 USPQ 303, 311, 312-13 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984)). “It 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
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