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 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007