Appeal No. 2004-0473 -7-
Application No. 10/034,527
claimed device by impermissibly utilizing appellant’s own disclosure and claim as a target
to be hit by invention-guided manipulation of the disparate teachings of the applied prior
art. In that 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” in attempting to piece together isolated
disclosures and teachings of the prior art so that the claimed invention is rendered
obvious.
In light of the foregoing, it is our determination that the examiner’s rejection of claim
1 under 35 U.S.C. § 103(a) as being unpatentable over Price in view of Smith and
Townsend will not be sustained.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007