Schwendimann v. Neenah, Inc.

82 F.4th 13712023 USPQ2d 1173Fed. Cir.

AI-generated holding

A prior art reference that does not discourage a skilled artisan from the claimed approach or lead in a divergent direction does not teach away, and such a disclosure is substantial evidence supporting a finding of no teaching away.

Generated summary for orientation only — not legal advice. Verify against the opinion.

Cited by the manual

1 section

§ 2145

Consideration of Applicant’s Rebuttal Arguments and Evidence

“a reference that does not discourage the claimed approach is substantial evidence it does not teach away”

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