Winner case cited in Ex parte Warnken

The appellants lost in Ex parte Warnken


Note the text


Our reviewing court has recognized that a given course
of action often has simultaneous advantages and disadvantages, and this
does not necessarily obviate any or all reasons to combine teachings.
See Winner Int’l Royalty Corp. v. Wang, 202 F.3d 1340, 1349 n.8 (Fed. Cir. 2000)
(“The fact that the motivating benefit comes at the expense of anothe
r benefit, however, should not nullify
its use as a basis to modify the disclosure of one reference
with the teachings of another”). The Appellants’ asserted disadvantages for stamping the
sections of Behrens do not persuasive ly show error in the Examiner’s
proposed combination.