Appeal No. 1999-0264
Application No. 08/573,582
write-permitted, and if so, data is written to the
predetermined
sector followed by setting of the predetermined sector to data
write inhibition.
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 teachings or
suggestions of the inventor." Para-Ordnance, 73 F.3d at 1087,
37 USPQ2d at 1239, citing W. L. Gore & Assocs., 721 F.2d at
1551, 1553, 220 USPQ at 311, 312-13.
Upon a careful review of Nakajima, Saldanha, Kobayashi,
Director, and Purvis, we fail to find any persuasive
suggestion or reason to combine the references in the manner
suggested by the Examiner, in order to achieve the claimed
9
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