Inherency : CAFC Alert

Obviousness Found Even When the Burden to Prove Inherency Remains on Examiner

Yoshiya Nakamura | October 18, 2017


September 8, 2017

Before Lourie, Moore and Hughes.  Opinion by Lourie.


Southwire Co. (the patent owner) owns No. 7,557,301 (the ’301 patent). An inter parte reexamination is initiated by a third party requestor, Cerro wire LLC (the requester).  All the claims of the ’301 patent are found obvious over prior art references under 35 U.S.C. § 103.  It is decided in the reexamination that one of the combinations of cited references inherently discloses a claimed parameter at issue.  CAFC affirms PTAB’s conclusion that the claims are unpatentable as obvious, while rejecting part of the reasoning that the claimed parameter is inherently disclosed in the cited references.

Japanese Summary




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Establishing a General Premise Does Not Satisfy the High Burden of Proving an Inherent Disclosure of a Claimed Feature under an Obviousness Rejection

Bernadette McGann | December 22, 2014

Par Pharmaceutical, Inc. v. TWI Pharmaceuticals, Inc.

December 3, 2014

Panel: O’Malley, Wallach, and HughesOpinion by O’Malley.


Patent 7,101,576 (hereinafter ‘576) is directed towards a method of using megestrol nanoparticles to increase the body mass in a human patient suffering from wasting.

The CAFC vacated a District Court judgment of invalidity of the ‘576 patent and remanded for further analysis.  The CAFC held that the District Court committed an error since the District Court analysis of inherency ignored the specific claim limitations at issue.

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