Appeal No. 2000-0672
Application 08/838,027
reasonable teachings or suggestions found in the prior art. In
re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).
The mere fact that the prior art may be modified to reflect
features of the claimed invention does not make the modification,
and hence the claimed invention, obvious unless desirability of
such modification is suggested by prior art. In re Fritch 972
F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.
1992)
We find that the Examiner has not met the burden of
establishing why one having ordinary skill in the art would have
been led to the claimed invention by the reasonable teachings or
suggestions found in Drebinger. The Examiner has not provided a
convincing line of reasoning for modifying Drebinger that can
establish a prima facie case of obviousness. Therefore, we do
not sustain the Examiner’s rejection of claims 1 through 26 under
U.S.C. §103.
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