Appeal No. 2005-2016 Παγε 6
Application No. 09/682,988
inputted part information and determining (i.e., identifying) parts with banned or recycled
content or substances over predetermined thresholds, as called for in claim 1. In
particular, while Fukatsu discloses a query format wherein the system searches the
database for all parts containing a particular substance identified by the user, there is no
disclosure in Fukatsu of a comprehensive screening of parts in the database to identify
those with banned or recycled content or substances over predetermined thresholds.
We appreciate that the Fukatsu system and database, with its Y/N flags for
recycled content, prohibited substance, substance to be reduced and substance to be
controlled, could probably be used to process such a query, but we find no teaching or
suggestion in Fukatsu to do so. The mere fact that the prior art could be so modified
would not have made the modification obvious unless the prior art suggested the
desirability of the modification. See In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d
1780, 1783-84 (Fed. Cir. 1992); In re Mills, 916 F.2d 680, 682, 16 USPQ2d 1430, 1432
(Fed. Cir. 1990); In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984).
For the foregoing reasons, we cannot sustain the examiner's rejection of claims
1-10 as being unpatentable over Fukatsu. The examiner's rejection of independent
environment, including the vehicle manufacturing environment.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007