Appeal 2006-2550
Application 10/750,710
curvature for the support surface such that the golf ball only contacts the
prongs [i.e., spaced sections or edge portions 15] in order to minimize the
resistance to the golf ball at the moment of departure from the tee” (Answer
3).
FF7. Dawson teaches that a rounded annular bead 15 (Fig. 3a) provides a
better seat for a golf ball than the squared-edge seat 5 (Figs. 1-3) (Dawson,
col. 2, ll. 52-54).
FF8. The Examiner contends that it would have been obvious to one of
ordinary skill in the art “to form the prongs [i.e., spaced sections or edge
portions 15] of Hodges with a convex contact surface in order to better
support a teed golf ball” (Answer 4, 5).
PRINCIPLES OF LAW
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. The degree of teaching away will
of course depend on the particular facts; in general,
a reference will teach away if 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).
To establish obviousness based on a combination of elements
disclosed in the prior art, there must be some motivation, suggestion or
teaching of the desirability of making the specific combination that was
made by Appellants. The motivation, suggestion or teaching may come
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