“Whether a judgment of non-obviousness based on a purported lack of motivation to make a minor variation to the prior art and a misapplication of teach-away to overcome express teachings and suggestions in the art to do what is claimed in the absence of any unexpected results or other secondary indicia of nonobviousness violates KSR and 35 U.S.C. ยง103, and whether Fed. Cir. R. 36, is an appropriate vehicle for affirming such a judgment without an opinion.”
