Appeal No. 2001-2332
Application 08/909,249
matter. In this regard, we note, as our court of review indicated
in In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1783 (Fed.
Cir. 1992), that it is impermissible to use the claimed invention
as an instruction manual or "template" to piece together isolated
disclosures and teachings of the prior art so that the claimed
invention is rendered obvious.
Since we have determined that the teachings and suggestions
found in Herman in view of Hansen and Colamussi, taken further in
view of anyone of Riley, Montferme and Lebret would not have made
the subject matter as a whole of claims 29, 30 and 44 on appeal
obvious to one of ordinary skill in the art at the time of
appellants’ invention, we must refuse to sustain the examiner’s
rejection of those claims under 35 U.S.C. § 103(a).
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007