Appeal No. 2001-0345
Application 09/041,416
31 USPQ2d 1130, 1131 (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." In
light of this guidance, we are unpersuaded by appellants' urging
that Raschke teaches away from the use of a liquid toner as
expressed at page 14 of the brief. As noted earlier, Raschke is
considered by us to be merely cumulative to the teachings already
expressed in Doyle. Moreover, merely because a reference does
not specifically teach the use of a certain feature or method
does not necessarily mean that it teaches away from the use of it
in accordance with the above-noted guidance provided by In re
Gurley.
In view of the foregoing, the decision of the examiner
rejecting all claims on appeal under 35 U.S.C. § 103 is affirmed.
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