Appeal No. 1998-3332 Page 8
Application No. 08/643,961
1885, 1888 (Fed. Cir. 1991)). "[T]o establish obviousness
based on a combination of the elements disclosed in the prior
art, there must be some motivation, suggestion or teaching of
the desirability of making the specific combination that was
made by the applicant." In re Kotzab, 217 F.3d 1365, 1370, 55
USPQ2d 1313, 1316 (Fed. Cir. 2000) (citing In re Dance, 160
F.3d 1339, 1343, 48 USPQ2d 1635, 1637 (Fed. Cir. 1998) and In
re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984)).
Here, although Nathans teaches a legitimate holder’s
feature data as a “scrambled stripe[,]” col. 4, l. 44, and his
personal data as a “descramble command code[,]” col. 7, ll.
15-16, both of which are recorded on an ID card (24), the
scrambled stripe and descramble code are not combined. To the
contrary, the code is recorded on the card separate from the
stripe. Specifically, “the descramble command code could be
recorded upon the magnetic stripe 31 shown in FIG. 2 during
issuance of card 24.” Col. 7, ll. 15-18. Figure 2 shows that
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