How does the disclosure of alternatives affect a prior art suggestion?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The disclosure of desirable alternatives in prior art does not necessarily negate a suggestion for modifying the prior art to arrive at the claimed invention. As stated in MPEP 2143.01 , “the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed.” This principle was established in the case of In re Fulton , where the court affirmed that the prior art as a whole can suggest the desirability of a combination, even if it’s not the most preferred or desirable option. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure of Desirable Alternatives Does Not Necessarily Teach Away From Combining Prior Art MPEP 2143.01 Disclosure of Alternatives Does Not Necessarily Teach Away From Combination MPEP 2143.01 Desirable Alternatives Do Not Negate Suggestion for Modification MPEP 2143.01 Disclosure of Alternatives Does Not Teach Away From Solution MPEP 2143.01 Combining or Modifying Prior Art to Produce Invention MPEP 2143.01 Permitted Implicit Motivation to Combine Prior Art References MPEP 2143 First Reference Not Teaching Away From Addition of Channel for Debris Recovery MPEP 2143.01 Implicit Motivation to Combine References Is Allowed MPEP 2143 Inventor’s Motivation to Combine Prior Art Required MPEP 2143 Motivation to Modify Reaction Time MPEP 2143 Other Related FAQs 5 FAQs Collapse Is the ability to combine references sufficient to establish obviousness? How should conflicting teachings in prior art references be handled? What is the significance of the &#8220;intended purpose&#8221; of prior art i...