Appeal No. 2006-1910
Application No. 09/910,654
to store the agent coupon data electronically in view of the fact
that ARC already taught that the coupon data could be stored in
image form. Thus, appellant’s argument that there is a
difference between image and data fundamentally misunderstands
that an image can also convey data.
Although ARC precludes the electronic storage of the
agent coupon data, this is not the type of disclosure that
constitutes a teaching away. The concept of teaching away refers
to a teaching that would lead the artisan to believe that the
path taken would not be technically or operationally feasible.
The teaching in ARC against electronic storage has nothing to do
with technical or operational feasibility. ARC wanted an image
of the agent coupon to replace the physical version of the agent
coupon already in use. In other words, ARC wanted something they
could still look at in the same manner as a physical agent
coupon. The standard set forth by ARC, however, has nothing to
do with obviousness under 35 U.S.C. § 103. In fact, we agree
with the examiner that ARC teaches that it was known that the
agent coupon data could be stored electronically, but that such
storage would not be acceptable for their purposes. Thus, ARC
specifically recognized that the agent coupon data could be
stored electronically, but ARC chose not to permit this form of
verification of the ticket information.
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