Appeal No. 2002-0510 Page 25
Application No. 09/139,309
at 18.) The appellants add, "Slepian, it will be appreciated, discloses exactly such a
discharge device, with spacer (7) of Slepian being selected of mica (see Slepian, p.2,
col. 1, 34)." (Id.)
"[P]rior 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)).
Here, Slepian discloses "disk-pile lightening arresters. . . ." P. 1, ll. 10-11. We
agree with the appellants that the spacers of such an arrester are made of mica.
Specifically, the reference "place[s] between the plates thin washers or spacers of
suitable material . . . such as mica." P. 2, ll. 31-36. Although Slepian does not mention
using a dielectric polymer or glass for the spacers of its embodiments, the reference
emphasizes, "it is obvious that my invention is not limited to the details shown and
described." P. 2, ll. 50-51. To the contrary, we find that Slepian invites changes to its
embodiments. Specifically, the reference asserts that "changes may be made in my
invention. . . ." Id. at ll. 61-62.
Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: November 3, 2007