Appeal No. 2006-0362
Application No. 09/455,201
Internet format. As Dureau encodes all of the Internet data to
MPEG and Hodge maps all of the Internet data to the MPEG bit
stream, we find that the teachings of Hodge and Dureau, even if
combined, would not have suggested to an artisan to convert the
video data to MPEG while leaving the text data in the Internet
format, absent appellants’ disclosure. In other words, nothing
in the prior art would have suggested taking from Dureau the
encoding of video or wide-band data into MPEG and combining it
with the IP over MPEG of Hodge for the text data, other than by
using appellants’ specification as a template for arriving at
the claimed invention. “Obviousness may not be established
using hindsight or in view of the teachings or suggestions of
the inventor.” Para-Ordnance Mfg. v. SGS Importers Int’l, 73
F.3d 1085, 1087, 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)).
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