Appeal No. 2006-0111
Application 09/900,746
the expectation of achieving worse, but still successful, results
(Answer, page 4).
Appellants do not dispute the examiner’s findings (Brief, page
10) but argue that Perini “teaches away” from breaking the web when
it is wet (Brief, pages 10-11; Reply Brief, page 2). We agree.
“Under the proper legal standard, a reference will teach away
when it suggests that the developments flowing from its disclosures
are unlikely to produce the objective of the applicant’s invention.
In re Gurley, 27 F.3d 551, 553 (Fed. Cir. 1994).” Syntex v. Apotex,
__ F.3d __, ___, 74 USPQ2d 1823, 1830 (Fed. Cir. 2005). “A
reference may be said to teach away when a person of ordinary skill,
upon reading 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
Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1145-46 (Fed. Cir.
2004), quoting In re Gurley, 27 F.3d 551, 553, 31 USPQ2d 1130, 1131
(Fed. Cir. 1994). General skepticism of those in the art is
relevant and persuasive evidence of non-obviousness. See Gillette
Co. v. S.C. Johnson & Son, Inc., 919 F.2d 720, 726, 16 USPQ2d 1923,
1929 (Fed. Cir. 1990).
Perini discloses that the “changeover zone” is where the web
material is torn and begins to wind to form the initial core of a
4
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