by Steve Driskill | Feb 10, 2015 | [sub] teaching away, Obviousness
In order for a prior art reference to teach away from the claimed invention, it must criticize or otherwise discourage use of the claimed invention rather than merely provide an alternative. Here, for example, a reference’s mere emphasis that the absence of due dates...
by Steve Driskill | Jun 12, 2014 | [sub] teaching away, Obviousness
Suggestions teaching away from combining references to arrive at the claimed invention but arising after the time of the invention are irrelevant. “Obviousness, and expectation of success, are evaluated from the perspective of a person having ordinary skill in the art...
by Steve Driskill | Dec 11, 2013 | [sub] teaching away, Obviousness
“A teaching that a composition may be optimal or standard does not criticize, discredit, or otherwise discourage investigation into other compositions,” as required for a showing that a given reference teaches away from the invention claimed. Background / Facts: The...
by Steve Driskill | Apr 16, 2013 | [sub] teaching away, Obviousness
“[A] finding that the prior art as a whole suggests the desirability of a particular combination need not be supported by a finding that the prior art suggests that the combination claimed … is the preferred, or most desirable, combination.” Here, just because...
by Steve Driskill | Dec 27, 2012 | [sub] teaching away, Obviousness
This is the second case this month in which the court has taken a fairly expansive view of “teaching away.” Here, the mere fact that the reference taught a specific range for locating the tear line on a container and that range did not include the claimed location was...
by Steve Driskill | Dec 11, 2012 | [sub] teaching away, Obviousness
A reference teaches away “when a person of ordinary skill, upon reading the reference … would be led in a direction divergent from the path that was taken by the applicant.” In re Gurley, 27 F.3d 551, 553 (Fed. Cir. 1994). (Another good case pointed to by the...
