Appeal No. 1998-3342 Page 6
Application No. 08/540,943
specify in pertinent part the following limitations:
"adjusting a reception range of the antenna by changing
attenuation of signals applied to the receiver by the steps
including; if the reception range is less than a desired
reception range, decreasing attenuation; and if the reception
range exceeds the desired reception range, increasing
attenuation ...." Accordingly, claims 1 and 4 require
decreasing or increasing attenuation of signals applied to a
receiver if the reception range of an associated antenna is
less or more, respectively, than a desired reception range.
The examiner fails to show a teaching or suggestion of
the limitations in the prior art of record. “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)(citing W.L. Gore & Assocs., Inc. v. Garlock,
Inc., 721 F.2d 1540, 1551, 1553, 220 USPQ 303, 311, 312-13
(Fed. Cir. 1983)). “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
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