Ex parte NAKAMURA - Page 8




                   Appeal No. 1999-1055                                                                                               Page 8                        
                   Application No. 08/571,342                                                                                                                       


                   is provided with regard to the relationship between the subject vehicle and those vehicles                                                       
                   immediately surrounding it.  See columns 2 and 3.                                                                                                
                            As was the case with Kenue, even considering, arguendo, that it would have been                                                         
                   obvious to add the Gazis route planning system to the Secor vehicle as modified by                                                               
                   Kenue, and with the recognition that Gazis teaches interactive audio interface between the                                                       
                   vehicle operator and the route planning computer, we are at a loss to appreciate where                                                           
                   one of ordinary skill in the art would have found suggestion to incorporate into the audio                                                       
                   interactive computer system of Gazis the rearward-looking camera system of Secor and                                                             
                   the lane detecting system of Kenue, other than by virtue of the hindsight accorded one who                                                       
                   first viewed the appellant’s disclosure, which is not a proper basis for a rejection under                                                       
                                     1                                                                                                                              
                   Section 103.   The references disclose three separate systems, each with its own                                                                 
                   objective and operable on its own, and we are not persuaded by the examiner’s                                                                    
                   statements why one would even benefit from interaction with the others, much less that they                                                      
                   should be interconnected with an audio interactive personal computer and associated EE-                                                          
                   PROM and CD-ROM devices.  The mere fact that the prior art structure could be modified                                                           



                            1It 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.  This court has previously stated that "[o]ne cannot use hindsight                                                             
                   reconstruction to pick and choose among isolated disclosures in the prior art to deprecate                                                       
                   the claimed invention"  (citations omitted).  In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d                                                       
                   1780, 1784 (Fed. Cir. 1992).                                                                                                                     







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