Appeal 2006-2814
Application 10/331,582
reference, or would be led in a direction divergent from the path that was
taken by the applicant."). See also, In re Fine, 837 F.2d 1071, 1074, 5
USPQ2d 1596, 1599 (Fed. Cir. 1988) (citing W.L. Gore & Assoc. v.
Garlock, Inc., 721 F.2d 1540, 1550, 220 USPQ 303, 311 (Fed. Cir. 1983)
(error to find obviousness where references “diverge from and teach away
from the invention at hand”)).
Accordingly, having concluded that a prima facie case of obviousness
has not been established, we reverse the rejection of claims 1, 3-7, 11-15,
and 17 under 35 U.S.C § 103(a) as unpatentable over Marks in view of
Marotta.
REVERSED
cam
Exxon Mobil Chemical Company
5200 Bayway Drive
P. O. Box 2149
Baytown, TX 77522-2149
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