Meiresonne v. Google (Fed. Cir. March 7, 2017) stands for the proposition that a proper teach away argument to defeat of obviousness rejection requires a discussion in the prior art of more than just a preference away, disparagement or being critical of the combination suggested by the examiner to make the claimed invention. A proper teach away argument requires that the prior … [Read more...]
Teach away refers to arguments for the non obviousness of a particular combination of prior art references, and thus patentability of the invention.
I. Generic Obviousness Rejection Showing that a prior art reference teach away from a particular combination suggested by an examiner is a way to show the non-obviousness of the invention. During patent prosecution, an examiner may cite two or more references, the combination of which in the examiner opinion makes the inventor’s claimed invention obvious, and thus … [Read more...]