obviousness

Attacking Individual References of an Obviousness Combination

In re: CSP Technologies (Fed. Cir., Jan. 21, 2021) is a nonprecedential opinion that nevertheless provides us with a good excuse to discuss In Re Keller, 642 F.2d 413 ( CCPA 1981) which is cited from time-to-time by Examiners duri… Read More

Design Choice and Obviousness under 35 U.S.C. § 103 at the Federal Circuit: Uber Tech., Inc. v. X One, Inc.

The Federal Circuit has reversed a PTAB determination of non-obviousness because, where the PTAB found no motivation to combine references, the Federal Circuit found a combination of references presented a simple design choice bet… Read More

Limits on Obviousness - Beyond the Claim Elements

Here is a lesson on obviousness. The Federal Circuit agreed with the Patent Trial and Appeal Board (PTAB) that claims for a system to measure degradation of cooking oils in a deep fryer were non-obvious under 35 U.S.C. §103. The… Read More

Patent Prior Art Inherency Requires More Than Mere Possibility

A finding that prior art inherently disclosed elements of claims of U.S. Patent No. 7,802,310 was not supported by substantial evidence; the Federal Circuit therefore reversed the Patent Trial and Appeal Board’s conclusion that… Read More

When is Patent Prior Art Distinct but Not Different?

Where distinct physical concepts recited in a patent claim and applied prior art are related and can achieve same results, do not count on being able to distinguish teachings of the prior art.  In Mobileye Vision Technologies Ltd… Read More