Appeal No. 1999-2209 Page 9
Application No. 09/069,355
75, the switch is closed when the handle 75 is in the "off"
position (col. 5, lines 26-34). Thus, we find no suggestion
for a three position common test actuator for actuating an arc
fault test switch and a ground fault test switch, except from
appellants' disclosure.
As stated by our reviewing court, “[o]bviousness 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
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 1885, 1888 (Fed. Cir.
1991)). Because neither Morris nor Mackenzie teach or suggest
the use of an arc fault test circuit, an arc fault test
switch, or a three position common test actuator for a ground
fault test switch and an arc fault test switch, we are not
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