Appeal No. 2000-0210 Page 16
Application No. 08/893,906
surface of the backing ring to prevent it from attaching to
the polymeric material that the sealing ring is made of,
Paykin does teach preventing the surface of the backing ring
from bonding to the elastomeric material of the sealing ring.
With this teaching of Paykin, it is our belief that a person
having ordinary skill in the art at the time the invention was
made would have looked to other art, such as Marquette, to
determine how to accomplish this result. Thus, we find
ourselves in agreement with the examiner that it would have
been obvious at the time the invention was made to a person
having ordinary skill in the art to have preventing the
surface of Paykin's backing ring from bonding to the
elastomeric material of the sealing ring by coating the
surface of the backing ring with a lubricant as suggested and
taught by Marquette to prevent adhesion of the surfaces during
vulcanization.
Second, it is our view that Paykin 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:
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