Section 103

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

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

Patent That Survived Alice Is Not Obvious

A little less than a year after finding that claims of U.S. Patent No. 6,474,159, directed to an inertial tracking system, were patent-eligible under the Alice abstract idea test, the Federal Circuit has affirmed a decision of the… Read More

Low Bar for USPTO to Show Motivation to Combine

A recent Federal Circuit case illustrates perils of trying to show that patent claims are non-obvious by arguing that references would not have been combined.  In Bosch Automotive Service Solutions. LLC v. Matal, No. 2015-1928 (F… Read More

Upcoming Webinar

Preparing and Prosecuting Functional Claims
October 23, 2019 at 12:00 pm EDT
There continues to be a dramatic impact on the interpretation of functional claim terms after the Federal Circuit decision in Williamson v. Citrix Online L.L.C. Since means-plus-function claiming can be utilized in almost every field of innovation, p…Register

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