Appeal No. 2006-1746
Application No. 10/375,679
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.
It follows that an artisan would not have been motivated to modify Cory in view of
the teachings and suggestions of Chester as advanced by the Examiner.
Accordingly, we find that the Examiner has failed to establish a prima facie case of
obviousness of claims 20 and 23-28.
CONCLUSIONS OF LAW (ISSUE III)
The rejection of claims 20 and 23-28 under 35 U.S.C. § 103(a) is not sustained.
FINDINGS OF FACT (ISSUE IV)
1. We make reference to our findings, supra, with respect to the teachings of
Chester.
2. Griffith is directed to an apparatus for efficiently locating a nerve and for
subsequently delivering an anesthetic to the nerve (Col. 1, lines 13-15).
3. As correctly noted by the Examiner (Answer, page 8) Griffith discloses that
it is known to utilize a multi-color LED or display with a nerve stimulator
(Col. 12, lines 12-19).
4. The multi-color LED of Griffith identifies the operating mode (Col. 12, lines
19 and 20 and col. 13, lines 4-34).
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