Appeal No. 2004-0123
Application No. 09/118,922 Page 13
37 USPQ2d 1237, 1239 (Fed. Cir. 1995)(citing W.L. Gore & Assocs.,
Inc. v. Garlock, Inc., 721 F.2d 1540, 1551, 1553, 220 USPQ 303,
311, 312-13 (Fed. Cir. 1983)). “It is impermissible to use the
claimed invention as an instruction manual or ‘template’ to piece
together the teachings of the prior art so that the claimed
invention is rendered obvious.” In re Fritch, 972 F.2d 1260,
1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992)(citing In re Gorman,
933 F.2d 982, 987, 18 USPQ2d 1885, 1888 (Fed. Cir. 1991)).
Accordingly, the rejection of claim 1 under 35 U.S.C. § 103(a) is
reversed. In addition, as we do not agree with the combining of
the references as advanced by the examiner, the rejection of
claims 2-4, 6-13 and 15 under 35 U.S.C. § 103(a) is also
reversed.
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