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Appeal No. 2005-2621
Application No. 08/968,756
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.
While Horzewski teaches that the housing 150 may be eliminated if desired, it
does not discourage one skilled in the art to use the housing. Therefore, we are not
persuaded by this argument.
In regard to claims 53 to 59, appellant argues that Horzewski does not disclose
delivering a fluid based agent.
We do not agree. Horzewski discloses at col. 7, lines 34 to 44 that catheter 102
allows the flow of fluid.
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