In Meiresonne v. Google Inc., the Patent Trial and Appeal Board did not find in one of the prior art references (Finseth) enough disparagement to support the contention that the reference "taught away" from the claimed combination:
"We are not persuaded that Finseth disparages the use of descriptive portions sufficiently for us to conclude that Finseth teaches away from the claimed invention" (emphasis added). Further, identifying shortcomings in one approach does not demand replacement of that approach.
For more information on this case, please see:
http://klarquist.com/blog/PTAB/mild-discouragement-without-inoperability-of-combination-does-not-amount-to-a-teaching-away/
"We are not persuaded that Finseth disparages the use of descriptive portions sufficiently for us to conclude that Finseth teaches away from the claimed invention" (emphasis added). Further, identifying shortcomings in one approach does not demand replacement of that approach.
For more information on this case, please see:
http://klarquist.com/blog/PTAB/mild-discouragement-without-inoperability-of-combination-does-not-amount-to-a-teaching-away/
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