Problem to be Solved : CAFC Alert

Patentee Likely (Con)vexed After The Court of Appeals Fails To See Through The Same Lens as them…

Adele Critchley | September 17, 2015

Dome Patent L.P., vs. Michelle K. Lee, Director, U.S. PTO.

September 3, 2015

Before: Reyna, Schall and Hughes. Opinion by Hughes.

Summary:
The CAFC affirmed the decision of the District Court of the District of Columbia in U.S. Patent No. 4,306,042 (the ‘042 Patent) in which the District Court held that claim 1 would have been obvious to one of ordinary skill in the art since a single reference that teaches away will not prevent a finding of obviousness, if motivation can be found elsewhere.
The CAFC held that the district court did not err by only requiring the Patent Office to show that claim 1 of the ‘042 patent is obvious by a preponderance of evidence, since in re-examination there is no presumption of validity.


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