IN RE ZHANG (Fed. Cir. 2016) (NP) – A combination of prior art references is proper even if it eliminates advantages taught by the references

by Steve Driskill | Jun 17, 2016 | [sub] teaching away, Obviousness

A proposed combination of prior art references may be proper even if it would eliminate one or more advantages disclosed in the reference being modified. Here, for example, substituting yarn types in a fabric of the primary reference was found to be proper even though...

IN RE KAYYALI (Fed. Cir. 2016) (NP) – Conflict with mere advantages or preferences identified in the prior art does not constitute teaching away

by Steve Driskill | Jun 14, 2016 | [sub] teaching away, Obviousness

Conflict with mere advantages or preferences identified in the prior art does not by itself constitute teaching away from a proposed combination. Here, for example, the prior art’s expressed preference for automated computer systems over trained clinicians was found...

IN RE HUBBELL INCORPORATED (Fed. Cir. 2016) (NP) – A mere preference does not constitute teaching away from a proposed combination of prior art references

by Steve Driskill | Apr 7, 2016 | [sub] teaching away, Obviousness

A mere preference that conflicts with a proposed combination of prior art references does not rise to the requisite level of discrediting or disparaging remarks necessary to establish that the prior art teaches away from the proposed combination. Here, for example,...

IN RE URBANSKI (Fed. Cir. 2016) (P) – A proposed combination need not be operable for all of the benefits disclosed in the modified reference

by Steve Driskill | Jan 8, 2016 | [sub] teaching away, Obviousness

A proposed combination of prior art references does not have to be operable for all of the benefits disclosed in the reference being modified. Here, for example, a prima facie case of obviousness was found to be unrebutted by a showing that certain stability benefits...

MERCK & CIE v. GNOSIS S.P.A. (Fed. Cir. 2015) (P) – The teachings of a later prior art reference outweigh contradictory statements in an earlier reference

by Steve Driskill | Dec 17, 2015 | [sub] teaching away, Obviousness

The teachings of a later prior art reference generally outweigh contradictory statements in an earlier prior art reference. Here, for example, although an earlier prior art reference clearly taught away from the claimed invention by stating that the claimed “5-MTHF”...

GATOR TAIL, LLC v. MUD BUDDY LLC (Fed. Cir. 2015) (NP) – Merely espousing the benefits of its own invention over the state of the art does not teach away

by Steve Driskill | Jun 22, 2015 | [sub] teaching away, Obviousness

Merely espousing the benefits of its own invention over the state of the art is not sufficient for a prior art reference to teach away from combination with certain aspects of the state of the art. Here, for example, a short-tail mud motor with a vertically mounted...