Ex parte PORTER et al. - Page 5




          Appeal No. 1996-3126                                                        
          Application No. 08/300,586                                                  


          appellants' claims.  In particular, Sokal specifies in column               
          16 that V  falls to approximately zero as the switch turns on               
                   CE                                                                 
          and that the waveform for V  has a slope of zero at that                    
                                     CE                                               
          point.  Further, Figure 4A shows the voltage slightly above                 
          zero when the switch turns on.  In other words, Sokal teaches               
          that the preferred voltage is small, not substantial when the               
          switch turns on.                                                            
               However, Figure 4A also shows an undesirable condition of              
          Q  TOO LOW, wherein there is a substantial voltage which                    
           L                                                                          
          abruptly drops to zero when the switch is turned on.  Although              
          the undesirability of such condition would appear to teach                  
          away further, according to Celeritas Techs., Ltd. v. Rockwell               
          Int’l Corp., 150 F.3d 1354, 1361, 47 USPQ2d 1516, 1522 (Fed.                
          Cir. 1998),                                                                 
               [a] reference is no less anticipatory if, after                        
               disclosing the invention, the reference then                           
               disparages it.  Thus, the question whether a                           
               reference "teaches away" from the invention is                         
               inapplicable to an anticipation analysis.  See                         
               Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 772,                     
               218 USPQ 781, 789 (Fed. Cir. 1983) ("The law of                        
               anticipation does not require that the  reference                      
               'teach' what the subject matter of the patent                          
               teaches .... [I]t is only necessary that the claims                    
               under attack, as construed by the court, 'read on'                     
               something disclosed in the reference."), overruled                     
               in part on other grounds, SRI Int'l v. Matsushita                      
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