Appeal No. 2001-0817
Application No. 09/048,876
components) (column 9 line 60 - column 10 line 2) as to locate it
before the amplifiers 211 and 211' as shown by Fukuden.” The
examiner concludes (answer, pages 4 and 5), therefore, that “it
would have been obvious to a person of ordinary skill in the art
at the time the invention was made to replace the amplifier
structure of Green, Jr. with the amplifier structure of Fukuden
in order to have a radio frequency transceiver capable of simply
eliminate [sic, eliminating] or reduce [sic, reducing] the noise
and/or unnecessary frequency components in a radio frequency
signal to be transmitted as well as reduce the power consumption
when transmitting said radio frequency signal.”
Appellant argues (brief, pages 4 through 7) that
impermissible hindsight provided the motivation to combine the
teachings of the applied references since there is a lack of
evidence in the record to support the examiner’s proposed
modification to the teachings of Green based upon the teachings
of Fukuden.
We agree with appellant’s arguments. As indicated in In re
Lee, 277 F.3d 1338, 1343-44, 61 USPQ2d 1430, 1433-34 (Fed. Cir.
2002), the examiner’s finding of whether there is a teaching,
motivation or suggestion to combine the teachings of the applied
references must not be resolved based on “subjective belief and
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