Saturday, December 10, 2011

CAFC affirms obviousness in In re Gough

The CAFC noted:

Under 35 U.S.C. § 103(a), a patent may not issue “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.” 35 U.S.C. § 103(a). Obviousness is ultimately a question of law based on several underlying factual inquiries, including the scope of the prior art, the level of ordinary skill in the art, the differences between the claimed invention and the prior art, and certain secondary considerations. Graham v. John Deere Co., 383 U.S. 1, 17-18 (1966); In re Klein, 647 F.3d 1343, 1347 (Fed. Cir. 2011).


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