Appeal No. 2002-0234
Application No. 09/496,087
23 USPQ2d 1780, 1784 (Fed. Cir. 1992), that it is impermissible
to use the claimed invention as an instruction manual or
"template" in attempting to piece together isolated disclosures
and teachings of the prior art so that the claimed invention is
rendered obvious.
Since we have concluded that the examiner has failed to set
forth a prima facie case of obviousness, we will not sustain the
rejection of claims 1 through 4 under 35 U.S.C. § 103(a).
In summary:
The examiner's decision rejecting claims 1 through 4 under
35 U.S.C. § 112, second paragraph, has not been sustained.
In addition, the examiner's decision rejecting claims 1
through 4 under 35 U.S.C. § 103(a) as being unpatentable over
Granlind in view of Smith or Ferris has not been sustained
Thus, the decision of the examiner rejecting claims 1
through 4 of the present application is reversed.
88
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