Appeal No. 1998-1349 Page 4
Application No. 08/455,859
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789
(Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984), it is
only necessary for the claims to "'read on' something
disclosed in the reference, i.e., all limitations of the claim
are found in the reference, or 'fully met' by it."
In explaining the rejection of claim 1 under 35 U.S.C.
§ 102(b), as anticipated by Kraska, the examiner states:
In Fig. 2 of Kraska, 22 is the reinforcing
rim, 16 is the countersink base, 28 is the
countersink wall, the area to the right of
lead line 14 is the flange and the area to
the left of lead line 14 is the curl.
[examiner’s answer at page 3]
Appellants argue that in Kraska at least two beads are
mandated for that device to work, which leads away from the
present invention. As to the question of leading away or
"teaching away” our reviewing court in In re Gurley, 27 F.3d
551, 553, 31 USPQ2d 1130, 1331 (Fed. Cir. 1994) stated:
A reference may be said to teach away when a
person of ordinary skill, upon [examining] the
reference, would be discouraged from following
the path set out in the reference, or would be
led in a direction divergent from the path that
was taken by the applicant.
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