Appeal No. 2005-0117 Page 11
Application No. 09/860,423
for an artisan to have modified Andrieu's protective cover by using Spectra® fibers, thus
arriving at the claimed invention. Additionally, we note that Holland also teaches that
his improved fabric can be used for uses other than as a cargo cover where a
lightweight, tear-resistant, abrasion resistant, stab-and-cut resistant, chemical resistant,
and cold resistant fabric is required.
Lastly, Andrieu's invention does not teach away from the claimed invention. As
to the specific question of "teaching away," our reviewing court in In re Gurley, 27 F.3d
551, 553, 31 USPQ2d 1130, 1131 (Fed. Cir. 1994) stated "a reference will teach away if
it suggests that the line of development flowing from the reference's disclosure is
unlikely to be productive of the result sought by the applicant." In this case, Andrieu
does not teach or suggest that high performance yarns would not work in a protective
sleeve. Instead, Andrieu teaches that the woven fabric sleeve material is comprised of
monofilament warps which are formed of polyester or other suitable material from the
family of materials commonly referred to as engineered plastics. As such, it is our
view that Andrieu suggests utilizing engineered plastics to form the woven fabric sleeve.
Holland clearly teaches the benefits of a fabric which utilizes an engineered plastic high
performance yarn (i.e., Spectra® fibers).
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