Appeal No. 2001-0860
Application No. 08/772,047
DLLs such as run-time dynamic linking which does not resolve the
name or the entry point until run time as well as binding the
DLL’s name into the program by early resolving the DLL’s entry
points (page 257, right-hand column through page 258, left-hand
column). However, our review of the reference reveals no
teaching or suggestion related to using an alternate speech
enabled object-oriented dynamic library as a part of the input
component of an application, as recited in claim 1.
As the Federal Circuit states, "[t]he mere fact that the
prior art may be modified in the manner suggested by the Examiner
does not make the modification obvious unless the prior art
suggested the desirability of the modification." In re Fritch,
972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.
1992), citing In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,
1127 (Fed. Cir. 1984). The court further reasons in Karsten Mfg.
Corp. v. Cleveland Gulf Co., 242 F.3d 1376, 1385, 58 USPQ2d 1286,
1293 (Fed. Cir. 2001) that for an invention to be obvious in view
of a combination of references, there must be some suggestion,
motivation, or teaching in the prior art that would have led a
person of ordinary skill in the art to select the references and
combine them in the way that would produce the claimed invention.
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