What is the significance of “teaching away” in MPEP 2122?
The concept of “teaching away” is significant in MPEP 2122 because it clarifies what does and does not constitute a teaching away in prior art references. The section states:
“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 means that simply presenting multiple options or alternatives in a prior art reference doesn’t automatically mean that the reference is teaching away from any particular option. For a reference to be considered as teaching away, it must actively criticize, discredit, or discourage the claimed invention.
The significance of this concept lies in its impact on the assessment of prior art references. It prevents the exclusion of relevant prior art based solely on the presence of multiple alternatives and ensures that examiners consider the full scope of disclosed subject matter, even if some aspects aren’t explicitly endorsed or highlighted for their utility.
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