Appeal No. 2006-0916
Application No. 10/345,711
dispersible polyisocyanate. We do not find this argument
persuasive.
A reference is said to teach away when “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).
As we discussed above, Markusch teaches that the reaction
may be facilitated “by mixing the above described components
either in one stage or in several stages in an intermittently or
continuously operating mixing apparatus” and places no
limitation on the order of addition of the components. (Column
14, lines 37-43.) Markusch even discloses an example where
polyisocyanate is added last. (Example 1.) The appellants have
not directed us to any teaching in Markusch or other evidence
that would have suggested to one of ordinary skill in the art
that “the line of development flowing from the reference’s
disclosure is unlikely to be productive of the result sought by
the applicant.”
The appellants urge that “[s]ince the particulate material
[in Markusch’s Example 1] is non-absorbent and the amount of
water added is so large compared to the amount of particulate
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