Appeal No. 2002-2258
Application No. 09/134,977
herein the term regenerate as applied to control documents means
reprinting or otherwise recreating control documents. . . .”
When all of this is considered in context, it is apparent that
generation of the control documents as required by each claim on
appeal requires the reprinting or some form of recreation of a
physical or tangible document called a control document once a
misprocessed mailpiece has been determined to exist.
As to the first two stated rejections of various claims on
appeal under 35 U.S.C. § 102 and 35 U.S.C. § 103 relying upon
Baker, appellant’s basic urging in the brief and reply brief is
that Baker expressly teaches away from using control documents.
“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 re Gurley, 27 F.3d 551, 553, 21
USPQ2d 1130, 1131 (Fed. Cir. 1994). (Brackets in original.)
Para-Ordnance Mfg. V. SGS Importers Int’l, 73 F.3d 1085, 1090,
37 USPQ 1237, 1241 (Fed. Cir. 1995), cert. denied, 117 S.Ct. 80
(1996).
We generally agree with this assessment of Baker. The
examiner appears to clarify his position with respect to control
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