Appeal No. 2000-0210 Page 17
Application No. 08/893,906
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.
In this case, Paykin discloses two embodiments, one embodiment
where the backup or reinforcing ring 46 bonds to the
elastomeric material that the sealing ring 26 is made of and
the other embodiment where the backup or reinforcing ring 46
does not bond to the elastomeric material that the sealing
ring 26 is made of. Paykin's teaching of two embodiments,
even if the bonding embodiment was preferred does not
constitute a teaching away since even a teaching of a
preferred embodiment does not constitute a teaching away. See
In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971) and In re
Dunn, 349 F.2d 433, 146 USPQ 479 (CCPA 1965).
For the reasons set forth above, the decision of the
examiner to reject claim 6 under 35 U.S.C. § 103 is affirmed.
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007