Appeal No. 2000-0154 Page 8
Application No. 08/942,954
images on a recording medium wherein the medium is passed over
the surface of a preheating saddle to heat the medium for a
second fixing.
Having determined what subject matter is being claimed,
the next inquiry is whether the subject matter is obvious.
"’A prima facie case of obviousness is established when the
teachings from the prior art itself would appear to have
suggested the claimed subject matter to a person of ordinary
skill in the art.’" In re Bell, 991 F.2d 781, 782, 26 USPQ2d
1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d
1048, 1051, 189 USPQ 143, 147 (CCPA 1976)). “Prior art
references . . . must be read as a whole and consideration
must be given where the references diverge and teach away from
the claimed invention.” Akzo N.V. v. U.S. Intn’l Trade
Comm’n, 808 F.2d 1471, 1481, 1 USPQ2d 1241, 1246 (Fed. Cir.
1986) (citing W.L. Gore & Assocs. v. Garlock, 721 F.2d 1540,
1550, 220 USPQ 303, 311 (Fed. Cir. 1983)). “A reference may
teach away by warning expressly that an element of a claimed
invention ‘should not, or cannot be used’ with the prior art.”
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