Appeal Number: 2005-2231 Page 4
Application Number: 09/952,931
coating compositions of, for instance, Buchanan, we also conclude that Culler itself supports a
prima facie case of obviousness.
Appellants argue that Culler teaches away from the essential ultraviolet transparency of
the filler of the claimed invention because Culler does not appreciate the problems posed by non-
transparent fillers. To support this argument, Appellants cite column 1, lines 65-66 of Culler.
This portion of Culler states that: “In some instances fillers may also be used as pigments.”
We are not persuaded that Culler “teaches away” from using a transparent filler. “In
general, a reference will teach away if it suggests that the line of development flowing from the
reference’s disclosure is unlikely to be productive of the result sought by the applicant.” In re
Gurley, 27 F.3d 551, 553, 31 USPQ2d 1130, 1131 (Fed. Cir. 1994). Culler, in fact, expressly
suggests the use of aluminum trihydrate, a filler Appellants establish is a UV-transparent filler, in
the coating composition (Culler, col. 14, l. 13). Moreover, the disclosure in column 1 is made in
the context of a broad discussion of the prior art. A more telling disclosure is located in column
13, lines 64-68. Here Culler explains that, “when curing by use of radiation, curing appears to be
faster if the refractive index of the filler matches or is close to the refractive index of the
particular resin being used.” In order to have a refractive index, a material must allow light to
pass through it. Not only does Culler suggest including a radiation curable binder in
combination with filler such as aluminum trihydrate, Culler suggests using fillers having some
amount of transparency to light. Therefore, we cannot agree that Culler teaches away from using
fillers that are transparent to ultraviolet light.
Appellants also argue that Tumey teaches away from the use of essential ultraviolet
transparency of the fillers (Brief, p. 8). But the disclosure in Tumey that curing will take place
even in areas where abrasive granules screen out radiation is not a teaching away from the
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